IN THE COURT OF SENIOR CIVIL JUDGE………………………
Suit No………….
EF ………………. Plaintiff
Versus
PQ ………………. Defendant
Fixed for………………. Date
Application for Stay of Suit under Section 10 C.P.C.
Sir,
1. That the plaintiff has instituted a suit against the defendant in this hon’ble Court on …………(date).
2. That the defendant has also instituted a suit impleading the plaintiff as a defendant in this Court on ………….(date). The certified copy of the plaint filed by the defendant against the plaintiff is being enclosed along with this application.
3. That in the suit instituted by the defendant (referred in paragraph 2 above), involves the matter in issue which is directly and substantially is the same in the previously instituted suit by the plaintiff (referred to in paragraph 1 above) and the parties in both the suits are the same, who are litigating under the same title.
4. That the suit previously instituted by the plaintiff is still pending in this Court.
5. That this Court has jurisdiction to grant the relief claim in both the suits.
It is therefore prayed that the trial of the suit instituted by the defendant, referred to is paragraph No. 2 above may be stayed till the suit referred to in Para 1 above instituted by the plaintiff, be heard and decided so as to avoid further litigation in the matter.
Dated…………… Applicant