civil pleading - Application_Section10_Code_Civil_Procedure_Stay_of_Suit_Clean_Format
Category: Civil Law Documents
Updated:
APPLICATION UNDER SECTION 10 CODE OF CIVIL PROCEDURE IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff VERSUS C. F................................................................. Defendant The applicant most respectfully submits as under: — 1. That the applicant-plaintiff has filed a suit against the defendant in this Hon’ble Court on.................... 2. That the defendant has also filed a suit in this Hon’ble Court on .................... impleading applicant as defendant in the said suit. A certified copy of the plaint as filed by the defendant is annexed hereto and marked as Annexure ‘A’. 3.
That the matter in issue in the suit filed by defendant is also directly and substantially the same in the previously instituted suit by the plaintiff and the parties are the same. 4. That the suit filed by the plaintiff is pending in this Hon’ble Court. 5. That this Hon’ble court has got jurisdiction to grant relief claimed in both the suits. PRAYER It is therefore most respectfully prayed that the trial of the suit filed by the defendant be stayed till the suit of plaintiff is finally heard and disposed of. Place.................... Dated.................... Plaintiff Through Advocate