Authority: High Court at Calcutta, Civil Revisional Jurisdiction, Appellate Side
Order Date: 07 July 2026
Case Overview
- Petitioners: Chaitali Dey & Ors.; Opposite party: Subhas Dutta.
- Petition (CO 2258 of 2024) challenges order dated 2 March 2024 of Civil Judge (Jr.) 4th Court, Howrah, which dismissed an application under Section 10 CPC in Title Suit 444 of 2021 (eviction suit).
- Parallel suit No. 22 of 2021 filed by petitioners seeks partition, declaration, injunction concerning flats 302 and 304 at 105 Sri Arobindo Road, Howrah.
- The court examined applicability of Section 10 CPC, citing Supreme Court judgment in Usha & Anr. Vs. Shahjad Bi (SLP (c) No(s). 7617/2019, 1 April 2024), which held that Section 10 applies only when the whole subject matter and the relief sought are identical.
- The court found that the partition suit and the eviction suit, although concerning the same property, pursue different reliefs; therefore Section 10 CPC is not applicable.
Final Outcome
- The petition is dismissed.
- The court directs that Title Suit 444 of 2021 (Sri Subhas Datta Vs. Smt. Chaitali Dey & Ors.) be transferred to the 2nd Civil Judge (Sr. Div.), Howrah, which is hearing Suit 22 of 2021 (Smt. Chaitali Dey & Ors. Vs. Sri Subhas Datta).
- Both suits are to be clubbed, common evidence led, and disposed of simultaneously and expeditiously.
- Parties are instructed not to seek unnecessary adjournments and to act on the server copy of the order.
Topics: Civil Procedure, Property Dispute