Hi,
I need to know if Section 10 CPC is applicable in my case 2 below.
Case 1 My father (Property No 200 self-acquired after partition ) My first uncle (Property 145 self-acquired after partition), have third uncle no any self-acquired property
1. My father and 2 uncles has already partitioned their properties like Agricultural and house property between them. My father and first uncle purchased one (property 200) - one(property 145) property after partitioned by self-Agricultural income and hence they are their self-acquired properties. But third uncle filed the Civil suit saying that he have 1/3 share in both properties as that two properties are purchased from the Joint Family Business for which he is taking benefit of the book of record where all transactions written like when properties purchased, how much money given to whom by who, he has taken /given money from my father and first uncle, agriculture income record written by him for all which has entry in the books. Relying on that book of entries, second uncle filed suit and says he wants 1/3 share as joint family properties.
Such case is filed in 1990 when my father and first uncle are already died. Hence Myself, my real brother and cousin brother is defendant is that suit. The suit is still pending in court.
Case 2
2. Between After death of my Father, Me (Plaintiff) and my real brother (Defendant No 1) has partitioned all agricultural and house property. My father has 4 house property from which 3 properties are allotted to me and 1 property to my real brother. My brother has sold his all agriculture and house property. I have also sold my 2 properties and one property (Property No 200 from case 1 and on my name registered in partition) is remaining and it is in my possession and paying all grampanchayat taxes and having 11 tenant and taking rent from them for last 30 years.
Now later after 35 years my brother via City Survey office registered his name on house property 146 which was given to me while partition. His claim is he has 1/2 share in Property No 200 and that property has not been partitioned and left joint. And city survey office by taking money has given decision in his favor that his name should be added with my name for that property. So my brother now on basis of city survey office decision added his name in grampanchayat and city survey office in joint with me for property 200. City survey office also said that, if I want to have title declaration then go to Civil Court. So I filed the suit in Civil Court for Title Declaration and my real brother is defendant in that.
The civil suit between me and my real brother is running since last 10 years. Recently after 10 years my second uncle from Case 1 above - filed the third-party application in this suit (Case 2) saying that he has already filed the suit (in Case 1) for 1/3 share for the (property 200) and also for other uncles property 145 in previous suit. Third party application of my uncle has been allowed by court saying the nature of the property is in dispute. Hence my second uncle is now (Defendant No 2 in this suit).
So now in this Case 2 suit, my real brother claims that he has 1/2 share and my uncle claims he has 1/3 share.
>>>>
But now my uncle who is defendant no 2(third party added) in (Case 2 - civil suit) filed an application saying that, this civil suit should be stayed under Section 10 of CPC.
So, My question is that application under Section 10 of CPC will be allowed or not. If yes, why and If No how?
Because what I think is, In Case 1 civil Suit, my uncle claims 1/3 share in property 200 but my Real brother is not claiming in that suit anything. Hence My real brother claiming 1/2 share in Property 200 in civil Suit Case 2 which is not the same matter in Case 1. Also in Case 1 my first uncle is defendant with which is not in Case 2.
The same thing in both the suit is only my second uncle claims 1/3 share in both the suit.
So, My question is that application under Section 10 of CPC will be allowed or not. If yes, why and If No how?
Thanks in advance.
