DWARIKA PRASAD versus RAMESHWAR DAYAL KHANDELWAL AND ORS.

DWARIKA PRASAD versus RAMESHWAR DAYAL KHANDELWAL AND ORS.

The trial court, after considering the reasons submitted by the appellant both under Order 7 Rule 11 CPC and section 10 CPC, found no basis to allow a stay or to reject the plaint. The High Court affirmed this conclusion, and the Supreme Court found no ground to interfere, holding that the applications were rightly dismissed and the appeal fails.

Parties
Appellant: Dwarika Prasad; Respondent No. 1: Rameshwar Dayal Khandelwal; Respondents: Original defendants nos. 2 and 3; Respondent: Original defendant no. 4
Jurisdiction
India
Judgment Date
17 December 2009
Procedural Posture
Civil Appeal / Appeal Against High Court Order Affirming Trial Court Rejection of S.10 CPC Application
Outcome
appeal dismissed
Legal Topics
Stay of Suit, Rejection of Plaint, Section 10 CPC, Order 7 Rule 11 CPC
Civil Procedure Stay of Suit Rejection of Plaint Section 10 CPC Order 7 Rule 11 CPC

Case Brief

Summary, issues, holding and outcome

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Parties

Dwarika Prasad

Appellant

Rameshwar Dayal Khandelwal

Respondent No. 1

Original defendants nos. 2 and 3

Respondents

Original defendant no. 4

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order Affirming Trial Court Rejection of S.10 CPC Application

Legal Issues

  1. 1 Whether the trial court and High Court were justified in rejecting the application for stay filed under section 10 of the Code of Civil Procedure by the appellant.
  2. 2 Whether there was any ground for interference with the impugned judgment passed by the High Court.

Ratio Decidendi

The trial court, after considering the reasons submitted by the appellant both under Order 7 Rule 11 CPC and section 10 CPC, found no basis to allow a stay or to reject the plaint. The High Court affirmed this conclusion, and the Supreme Court found no ground to interfere, holding that the applications were rightly dismissed and the appeal fails.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • no order as to costs