Wednesday, 7 August 2013

When subsequent suit can be stayed

Aspi Jal v. Khushroo Rustom Dadyburjor, (2013) 4 SCC 333
 Civil Procedure Code, 1908 
 Ss. 10 and 11 - Stay of subsequent suit(s) under S. 10 - Applicability of - Object and conditions therefor - Held, for S. 10
to be attracted it is essential that entire subject-matter in controversy must be the same between previous suit and
subsequent suit - Mere common grounds in previous suit and subsequent suit would not attract S. 10, 
 S. 10 - Stay of subsequent suits, if warranted - Three suits for eviction filed on different causes of action - Trial of third
suit stayed by courts below - Held, though the ground for eviction in all three suits was the same, but the suits were
based on different causes of action - Hence, stay granted of third suit not proper - Stay vacated,

 Rent Control and Eviction 
 Non-user/Misuser/Non-occupation of premises 
 Cause of action for eviction based on non-user of premises - When arises - Different periods of non-user, held, give rise
to independent causes of action based on which independent suits may be filed - Ground(s) of eviction may be the same,
but causes of action would be distinct in each case, 
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