APPLICATION UNDER SECTION 10 READ WITH SECTION 151
CPC
IN THE COURT
OF……………………………………………
Suit No……………………………. 200
In the Matter of: –
AB…………………………………………………………..
Plaintiff
versus
CD……………………………………………………..
Defendants
APPLICATION UNDER SECTION 10 R/W SECTION 151 CPC
Most Respectfully Showeth: –
1. That the present plaint for mandatory injunction has been filed on
the same cause of action, as had allegedly accrued in favour of the
plaintiff in the year …………………………… (as per
para…………………………… of the plaint).
2. That in relation to the said cause of action
of……………………………. the plaintiff has already preferred
an earlier suit for permanent injunction being Suit No.
…………………………… pending in the Court
of……………………………………………….. That the
earlier suit was filed on…………………………….
3. The cause of action para of the said suit
No……………………… in the court
of…………………………… so far as relevant, is re-produced
verbatim as unden- (Extract relevant para here)
4. Neither any permission was sought nor was granted by the Hon’ble
Court dealing with the earlier civil suit. Both the suits are going on
between the same parties litigating under the same title. The court
of……………………………………. was and is competent to
grant the relief claimed in the subsequent/present suit.
5. In view of the above it is expedient and in the interest of
justice that the proceedings of the present case may be stayed under
section 10 CPC pending the hearing and final disposal of the earlier
suit No……………………………. pending between the same
parties, in which they are litigating on the same cause of action under
the same title.
It is prayed accordingly.
Defendant No. 1
Defendant No. 2
Defendant No. 3
Through Advocate