2007 C L C 255

3/24/24, 3:25 PM 2007 C L C 255
2007 C L C 255
[Karachi]
Before Nadeem Azhar Siddiqui, J
ABDUL RAQEEB and 9 others----Petitioners
Versus
1ST RENT CONTROLLER/1ST SENIOR CIVIL JUDGE, SUKKUR and 5

others----Respondents
Constitution Petition No.S-728 of 2006, decided on 20th October, 2006.
(a) Civil Procedure Code (V of 1908)---
----S. 10---Stay of proceedings---Proceedings could be stayed if the matters in issue in

both the suits directly and substantially were the same; previously instituted suit must
be pending before a competent Court and the Court was competent to grant relief; both
the suits must be between the same parties or their representatives and the parties were
litigating in both the suits under the same title.
(b) Civil Procedure Code (V of 1908)---
----Ss. 10 & 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---

Stay of proceedings---Res judicata, principle of---Applicability---Petitioners had
challenged order passed by the Rent Controller by which he had stayed further
proceedings of ejectment application---Application was stayed on the basis of
pendency of civil revision before the High Court---Rent Controller had not discussed
the grounds on the basis of which proceedings were stayed---Facts of ejectment
application and civil revision, were not directly and substantially the same---Section
10, C.P.C. provided stay of proceedings in a subsequently instituted suit in the presence
of earlier suit---Ejectment application could not be stayed on the strength of pending
suit---Ejectment application was prior in time and civil revision was subsequent in
time---Section 10, C.P.C. would apply when two suits were pending and the matter in
both suits was same---After stay of proceedings in the subsequent suit, decision given
in the previously instituted suit would operate as res judicata by virtue of S.11, C.P.C.
Mukesh Kumar G. Karara for Petitioners.
Shaikh Abdul Rehman for Respondents Nos.2 to 5.
https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=2007K209 1/3
3/24/24, 3:25 PM 2007 C L C 255
ORDER
NADEEM AZHAR SIDDIQUI, J.---The petitioners have challenged the order, dated
11-8-2006 passed by respondent No.1 by which he has stayed further proceeding of
Rent Application No.77 of 1980.
The learned counsel for the petitioners submitted that section 10 of Civil Procedure
Code is not applicable to rent proceedings. He further submits that the proceedings
cannot be stayed unless the matters in issue in both the proceedings are directly and
substantially the same and that both the matters should be between the same parties.
The learned counsel for the respondents Nos.2 to 5 has supported the order of
respondent No.1 and has pointed out from the impugned order that earlier also the
proceedings was stayed.
I have heard the learned counsel for the parties and perused the record made available
before me.
From reading section 10 of C.P.C. it appears that proceeding can be stayed. (1) If the
matters in issue in both the suits must; be directly and substantially the same, (2) the
previously instituted suit must be pending before a competent Court and the Court is
competent to grant relief, (3) both the suits must be between the same parties or their
representatives, (4) and the parties are litigating in both the suits under the same title.
I have perused the order. The rent application was stayed on the basis of pendency of
civil revision before the High Court of Sindh at Sukkur Bench. The learned Rent
Controller has not discussed the grounds on the basis of which the proceedings can be
stayed. It is an admitted position that facts of ejectment applicant and civil revision are
not directly and substantially the same. Furthermore section 10 provides stay of
proceedings in a subsequently instituted suit in the presence of earlier suit. An
ejectment application cannot be stayed on the strength of pending suit. From the order
it is clear that Rent Application No.77 of 1980 was prior in time and the civil revision
was subsequent in time. Furthermore section 10 only applies when two suits are
pending and the matter in both suits is same. It is also to be noted that after stay of
proceedings in the subsequent suit, the decision given in the previously instituted suit
will operate as res judicata by virtue of section 11 of C.P.C. This condition is not
available in this case.
I, therefore, allow the petition and set aside the order, dated 11-8-2006 passed by
respondent No.1 and direct him to proceed with the case expeditiously and to conclude
the same within one month from the date of receipt of this order and report compliance
to this Court through Additional Registrar of this Court. The parties will appear before
respondent No.1 on 9-11-2006 and no Court motion notice will be issued.
H.B.T./A-137/K Petition allowed:
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3/24/24, 3:25 PM 2007 C L C 255

Before Nadeem Azhar Siddiqui, J

ABDUL RAQEEB and 9 others----Petitioners

1ST RENT CONTROLLER/1ST SENIOR CIVIL JUDGE, SUKKUR and 5

Constitution Petition No.S-728 of 2006, decided on 20th October, 2006.

(a) Civil Procedure Code (V of 1908)---

----S. 10---Stay of proceedings---Proceedings could be stayed if the matters in issue in

(b) Civil Procedure Code (V of 1908)---

----Ss. 10 & 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---

Mukesh Kumar G. Karara for Petitioners.

Shaikh Abdul Rehman for Respondents Nos.2 to 5.

H.B.T./A-137/K Petition allowed:

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