Declaratory suit
Raja
(Querist) 11 September 2012
This query is : Resolved
one of the co-sharer filed a declaratory suit in the year of 2006 that a particular schedule property is his own as since long enjoyed and occupied the same and also mentioned in the plaint that the said joint propery of father has been amicably partitioned , the same case is going on in evidence stage. Later on in the year of 2010 , the said plaintiff again filed a Partition suit in addl. dist. judge court on the same property and on the same defendants who are the brother of her husband. now what should be my way of proceed and what next steps will be better for my client.
can i put petition in the case of 2006 on sec. 10 f C.P.C
but second suit is on superior court and first suit in junior division court
R.M.Bhaduri
(Expert) 12 September 2012
Dear Mr. Raja,
Apply by filing petition u/S.10 C.P.C, as it is immaterial that first suit is in junior Court, because the said Code is very clear detailing about the operation of Stay of Suits, so you proceed and also file a petition in the superior court.
R.M.Bhaduri, Advocate, Civil Court Bhagalpur
JANAK RAJ VATSA
(Expert) 12 September 2012
sec 10 of cr.pc is attracted and there is no option but to stay the proceedings.
