Hon’ble Allahabad High Court while dealing with the petition here on 22-02-2019 in the case of “Pramod Kumar Tripathi And 2 Others v. Nand Kishor Tripathi And 6 Others” stated that 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.

BRIEF FACTS OF THE CASE

The trial court has decided an issue against the petitioners which was whether the suit instituted by the plaintiff-respondents is liable to be stayed under Section 10 CPC in view of pendency of previous suit bearing no.22 of 2005. The said suit was instituted by the father of the petitioners.

The petitioners have also challenged the order dated 13.7.2018, by which revisional court has dismissed the revision.

Aggrieved by the above decision this petition was filled.

DECISION OF THE COURT

Hon’ble Court held that 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.

Court further held that the issue involved in the previous suit is substantially and directly in issue in the instant suit, learned counsel for the petitioners is not able to point out anything.

Thus, the petition got dismissed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7034134