HARBANS LAL Vs. JAGDEEP SINGH

JUDGEMENT

(1.) The petitioner who is defendant before the Trial Court, has filed this revision petition under Section 115 of the Civil Procedure Code assailing the order dated 7.4.95 passed by Shri Vipin Kumar Gupta, Civil Judge, Delhi, herein referred to as an impugned order.

(2.) The learned Civil Judge by the impugned order had consolidated a suit for recovery of damages for use and occupation filed by the respondent/plaintiff against petitioner on 4.1.88 with another suit for possession filed by him against the petitioner on the same day. The learned Civil Judge by the impugned order also decided the preliminary objections raised by the petitioner claiming the suit for damages to be barred under Older II Rule 2, Civil Procedure Code being a suit subsequently filed aswell as the said suit being liable to be stayed under Section 10,C.P.C The learned Civil Judge by the impugned order held that the second suit was neither barred under Order II Rule 2 nor liable to be stayed under Section 10 of Civil Procedure Code

(3.) The facts in brief culminating in the revision petition may briefly be stated as under: