Shah Ganda Lal Tribhovan vs Sachdeva and Sons Rice Mills Limited

V.S. Aggarwal, J.—The present revision petition is directed against the order passed by the Additional Civil Judge (Senior Division) Amritsar dated February 09, 1998. By virtue of the impugned order, the learned trial court dismissed the application filed by the petitioner u/s 10 of the Code of Civil Procedure.

The relevant facts are that respondent Sachdeva & Sons Rice Mills Ltd. has filed a civil suit for recovery of a specific amount against the petitioner Amizara Traders. The petitioner claimed that the said suit should be stayed in view of Section 10 of the CPC contending that the petitioner had filed a civil suit which has already been pending for recovery of a specific amount. It had been contended therein that the petitioner had been purchasing different kinds of rice from the respondent, but as the price of the rice increased, the respondent did not care to send the goods and the petitioner has suffered the loss. According to the petitioner, the matter directly and substantially involved in the earlier suit is the same and, therefore, the subsequently instituted suit should be stayed between the parties.

The learned trial court held that matters were not substantially and directly involved in the earlier instituted suit.

In the facts of the present case, there is no ground to interfere in the said order. The petitioner had filed a civil suit for recovery of damages for not supplying the rice agreed upon. The present suit has been filed by the respondent for recovery of the amount for the unpaid price of the rice. It is abundantly clear from aforesaid that matters in question in both the suits are not substantially the same. The acid test is when the decision of the earlier suit will operate as res- judicata in the substantially instituted suit. Since the nature of the suits is different, it is not going to be so.

Thus, revision petition being without merit must fail and is dismissed.