On Section 10 | Vkeel - Free Legal Advice

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Gaya

My grandmother executed a registered WILL in favour of my uncle to enjoy the usufruct of her house as limited owner without any rights to alienate or transfer the house in any way to anybody.That there was a further term in the WILL that after the death of my uncle the said property will go to his son ,if any,otherwise the property would go to absolutely to other heirs. that after the death of my grandmother the WILL got probated by my uncle and started enjoying the same as per the direction of the WILL but after lapse of time my uncle sold away the house to Defendants.that when I came to know about this sale deed i filed a title suit and same was decided by a judgement holding inter alia,that the sale deed were void & not effective and the reversionary rights of the plaintiff is not effected & also that Geeta Agrawal was also not entitled to succeed to her husband and as such the plaintiff was declared to be immediate reversioner and that the plaintiff was entitled to the property as absolute owner. Against the judgement the defendant filed appeal which is still pending. The plaintiff filed another suit for a decree of vacant possession Against the defendant directing them to handover the suit property to the plaintiff.During course of final argument the defendants raised a matter that the suit be stayed as per section 10 of cpc,without filing any petition. the trial court on the court question that "whether the proceedings of this case be stayed?"after hearing both sides in length the court order that this suit shall not be stayed. Defendants filed a civil mis in high court and when the case is listed for admission the petitioner withdraw this application since according to him , the order which has been passed suo Moto by the court below and not an application filed on their behalf. the defendants filed a petition in the trial court of section 10 which is dismissed . Defendants again filed a civil mis. and on I.A. the high court stay the proceeding .pl.suggest that is it stayed under section 10 of C.P.C.

Expert's Answers(2)

Advocate N Karthikkanna
Madurai, Tamil Nadu

60 Client Ratings

Complex facts and issue. Can say prompt advise only after seeing the papers.. for further assistance come for consultation.. See 'ADVOCATES' Tab, find me now in 2nd of list and click consultation tab.. Very affordable fees..

February 7, 2018
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Please follow the following mandates of Section 10 0. Stay of suit.- No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. Explanation : The pendency of a suit in a foreign Court does not preclude the courts in India from trying a suit founded on the same cause of action.

February 1, 2018