Law:

Section:

Civil Procedure Code (V of 1908)-------S. 10, O.XXXIX, Rr.1 & 2 & O.XL, R.I---Specific Relief Act (I of 1877), Ss.42 & 55-Stay of subsequent suit---Grant of interim relief in subsequent suit---Scope---Expression "no Court shall proceed with the trial of any suit", in S.10, C.P.C.---Connotation---Joint commercial properly was purchased in the name of defendant, who, later on, through Hiba-bil-Ewaz, transferred half of the share to plaintiff---Dispute as to ownership, possession and accounts of income of property---Defendant filed civil suit for declaration and permanent injunction, challenging therein factum of gift and transfer of possession in favour of plaintiff---Trial Court dismissed defendant's application under O.XXXIX, Rr.1 & 2, C.P.C.---Plaintiff filed suit against defendant for declaration and permanent injunction and deletion of defendant's ownership title in suit property-Injunctive order was passed in favour of plaintiff---Defendant filed another suit along with two applications, one under O.XXXIX, Rr.1 & 2, C.P.C. and other under O.XL, R.I, C.P.C. for appointment of receiver---Plaintiff filed application under S.10, C.P.C. in the subsequent suit filed by defendant, contending that interim relief denied to defendant in her previous suit could not be granted in her subsequent suit---Trial Court without deciding plaintiff's application under S.10, C.P.C. for stay of proceedings in defendant's subsequent suit, allowed defendant's applications for temporary injunction and appointment of receiver---Validity---Dismissal of defendant's application in previous suit was because defendant had claimed injunctive order regarding whole of property while in subsequent suit relief was sought to the extent of half, of the share in suit property---Fresh cause of action accrued to defendant in subsequent suit, hence applications under O.XXXIX, Rr.1 & 2, C.P.C. and O.XL, R.I, C.P.C. were maintainable---Trial Court, under provisions of S.10, C.P.C., could proceed in matters relating to interlocutory orders--Expression "no Court shall proceed with trial of, any suit", used in S.10, C.P.C. did not debar a party to institute a second suit---Bar…

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