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Balmukund Bhatia & Anr. vs. Lalit Upadhyay Shastri & Ors.

42.00 4.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Prayer for rejection of plaint–Dismissed–Suit for permanent and mandatory injunction–Previous litigation between the parties pertaining to same property–Trial Court stayed the instant suit by using the powers of Sec. 10 C.P.C.–Co-ordinate Bench of this Court quashed and set aside the order of trial Court–Held, plea as regard to the similarity between the two suits and the relief which could have been claimed in the earlier suit, not having been claimed, already stands concluded by the said order–Held, no interference is required in the impugned
order.