CW-1699/10-Bhala Ram Vs. Ramniwas. Judgment dt.19.2.2010 1/2 S.B. CIVIL WRIT PETITION NO.1699/2010 Bhala Ram Vs. Ramniwas. Date of order : 19th February, 2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Bharat Devasi for the petitioner. ------- 1. This writ petition is directed against the order dated 27.1.2010 whereby the learned trial court rejected the application of the defendant-petitioner Bhala Ram seeking stay of the subsequent suit under Section 10 of C.P.C. 2. Learned counsel for the petitioner-defendant urged that the previous suit No.104/1997 – Tiloka Ram Vs. Rasmniwas & Ors. pending in the Court of learned Civil Judge (Junior Division), Jaitaran Annex.4 with the writ petition is in respect of the same plot measuring 20 x 50 sq. ft. for which the present suit Annex.1 was filed in the same Court by one Ram Niwas S/o Shri Ghisu Lal against the present petitioner Bhala Ram. He, therefore, submitted that the learned court below was justified in rejecting the application under Section 10 C.P.C. 3. The learned court below in the impugned order Annex.6 while dealing with the said application under Section 10 of C.P.C. has observed that neither the parties of the previous suit No.104/1997 and present suit No.35/2005 (7/2009) are common nor the relief claimed in two suits are common. 4. Having heard learned counsel and upon perusal of the CW-1699/10-Bhala Ram Vs. Ramniwas. Judgment dt.19.2.2010 2/2 impugned order and perusal of plaints Annex.1 and 4 on record, this Court is satisfied that the previous suit and subsequent suit cannot be said to be identical. From the perusal of Annex.1 plaint and subsequent suit, it does not appear to have any connection with the previous Suit No.104/1997 Annex.4, therefore, the learned court below cannot be said to have committed any error in rejecting the said application under Order 10 C.P.C. 5. Consequently, this writ petition being devoid of merit is hereby dismissed. Copy of this judgment be sent to opposite parties as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.s/6 babulal/