0a80f7bfc7422904281b3a68306ff02080ac26887c4cbb5f0e110be51b294e6c

Delhi High Court · 08 Aug 2011 · 2011:DHC:8814
Indermeet Kaur
CM (M) No. 723/2010 & CM No. 10050/2010
2011:DHC:8814
civil petition_allowed Procedural

AI Summary

The court modified the impugned order to require the trial court to consider both the stay of the suit under Section 10 CPC and its maintainability under Order 2 Rule 2 CPC before proceeding.

Full Text
Translation output
A-7
% 08.08.2011
Present: Mr. P.K. Bhardwaj, Advocate for the petitioner.
Mr. M.N. Dutt, Advocate for the respondent.
+CM (M) No. 723/2010 & CM No. 10050/2010
*
After some arguments, it has been agreed that the order dated 29.03.2010 (impugned order) is modified to the extent that the trial court while disposing of the suit shall deal with issue No. 6 as earlier framed and the issue as reframed i.e.
"Whether the suit is liable to be stayed under Section 10 of the CPC?" and
"Whether the present suit was maintained under Order 2
Rule 2 of the Code?".
Petition disposed of.
AUGUST 08, 2011 a
INDERMEET KAUR, J.
2011:DHC:8814
JUDGMENT