Deo Prakash vs Rudreshwar Prasad Griyaghey

Navaniti Prasad Singh, J.—This is an application by tenant from an Eviction Suit against an order by which his application purporting to be in terms of Section 10 of CPC (In short "CPC") was rejected.

It is submitted that the tenant-petitioner had filed a Title Suit as against his landlord-opposite party for a permanent injunction restraining him from interfering with his possession and/or dispossessing him otherwise than in due course of law. The landlord then filed this Eviction Suit. It is submitted that as two suits are pending as between the two parties, by virtue of Section 10 of CPC, the latter suit should stay. This has not been accepted by the trial Court and his application has been rejected though on the ground that Eviction Suit is a proceeding u/s 14 of Bihar Buildings (Lease, Rent & Eviction) Control Act (In short ("BBC Act") and Section 10 of CPC will not apply.

I have heard the parties, the landlord-opposite party having entered appearance.

The order of the trial Court requires no interference except this Court in observing that the observation of the trial Court that it being a proceeding for eviction in terms of Section 14 of the BBC Act, CPC is not applicable. This is a wrong statement of fact. BBC Act only confers jurisdiction. Procedure is laid down by CPC. If in a fact situation, conditions of Section 10 of CPC are fulfilled then the provisions would be fully attracted irrespective of the nature of the suit if it is a suit of civil nature filed in a civil court of competent jurisdiction.

In the present case, Section 10 of CPC is wholly inapplicable. Though the parties to the suit are the same, the issues are not even similar much less same. One is for injunction, the other is for eviction. The Court rightly rejected the application of the tenant-petitioner. I do not propose to interfere with the same.

In course of the argument, it was submitted that in course of trial, the trial Court passed an order u/s 15 of the BBC Act. The same was not complied in view of the pendency of this revision application. The Court struck off defence for non-compliance of Section 15 of BBC Act order. This fact may be brought to the trial Court''s notice that it was under a bona fide mistaken belief that the order was not complied. The Court has jurisdiction to recall such an order if it is satisfied about the bona fides.

With this observation, this application is dismissed.