Civil Procedure Code, 1908 (V of 1908) Order 10 - Basis
of the claim in both the cases is different - In the first suit, the plaintiff is required to prove that he has been defamed, whereas in the second suit, the plaintiffs are required to prove
medical negligence - Though some of the facts may intermingle but the ingredients of Section 10 CPC are clearly not attracted in this case - Some of the parties are people from the media and
media channel, who are not party in the second suit - In the previously instituted suit - Plaintiffs will be required to prove that they treated the patient with care and skill and no
medical negligence was involved and in the second suit, the plaintiffs will be required to prove medical negligence - Medical Negligence.(182) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 10(1)(2) -
After completion of pleadings before the Court by way of filing of plaint and written statement, the Court was under legal obligation to call for the parties to admit or deny the documents -
Under Order X(1)(2), it is obligatory for the Court to ask the party or his pleader to admit and deny such allegation or document, but that has not been done despite the application having
been filed by the present petitioner.(182) P.L.R.