Law: Specific Relief Act (I of 1877)

Section: 42 , 10 , 151

Specific Relief Act (I of 1877)-- ----S. 42---Civil Procedure Code (V of . 1908), Ss. 10, 151, OXXXIX, Rr. 1 & 2---Stay of suit---Essentials---Sufficient "notice" and "adequate" opportunity of arguing matter in question---Object of .staying suit---Application seeking interim injunction---Mode of determining---Where two or more suits were pending in the same or different Courts regarding the same or substantially the same matter in issue between same or substantially the same parties on either side, claiming same or similar relief, Court before whom subsequent suit was pending, could at any stage of proceedings, either of its own motion or on an application made to it in this behalf, stay the proceedings in subsequent suit=- Where Court is able to form a tentative view that decision in one suit would operate as res judicata or amount to non-suiting a party, resort can be had to provisions of S. 10, C.P.C.---Court has inherent power to stay a suit independently of S. 10, C.P.C. even if the .case was not covered by S. 10, C.P.C.---Court would continue to exercise powers regarding interlocutory matters such as interim injunctions or the like---As for 'notice' and "opportunity of hearing", plaintiff had admitted that he was served with the notice and was given opportunity of hearing, although he complained about "insufficiency of notice" and "inadequacy   of opportunity "---Presumption would be that plaintiff was given "sufficient" notice and also "adequate" opportunity of arguing the matter---Mere assertion by plaintiff, in absence of any material, would not warrant any conclusion to the contrary---While staying subsequent suit view of Trial Court about possibility of conflicting judgments in two jurisdictions was realistic---Trial Court did not exceed jurisdiction vesting in' it calling for interference in revisional jurisdiction of High Court---Making of-interlocutory orders, however, was not barred in a case where proceedings in main suit had been stayed---Trial Court ought ~to have dealt with application submitted under S. 151 and O.XXXIX, Rr. 1 & 2, C.P.C. seeking…