Published on: January 22, 2024 at 11:10 IST
Court: High Court of Calcutta
Citation: Ananda Mohan Roy V. Kanchana Mukhopadhyay (2023)
Honourable High Court of Calcutta has held that Honourable Courts have power under aegis of Section 10 of the Code of Civil Procedure, 1908 to grant stay of suit where the previous suit is instituted for the same relief as claimed. It is held that Section 10 CPC deals with the procedure to be followed when a Civil Suit is instituted irrespective of pendency of previously instituted suit between the same parties where the matter is directly and substantially in issue. It is held that Section 10 CPC contains the nomenclature of the suit and not other proceedings whether civil or criminal.
18. Thus upon considering the provisions contained in Section 10 of the Code of Civil Procedure and the relevant judicial decisions it is clear that both civil and criminal proceedings can proceed simultaneously. Although the Court has inherent power to stay suit under Section 151 of the Code of Civil Procedure to prevent abuse of the process of law but the petitioner/defendant has not been able to show that continuation of the money suit inspite of pendency of complaint under Section 138 Cr. P.C. is abuse of the process of law, neither the defendant/petitioner has been able to show that the plaintiff has obtained the relief in the complaint case or that there are settlement proceedings in the said case. Hence upon hearing the Learned Advocates and considering the facts of the case this Court is of the view that there is no error in the order dated 28.04.2023 passed by Learned Judge Bench-V City Civil Court, Calcutta in Money Suit No. 723 of 2012. Thus this application should be dismissed.
Drafted By Abhijit Mishra