DESH BHUSHAN JAIN Vs. K C MAHAJAN

JUDGEMENT

(1.) By this order, I would be disposing of three interim applications, viz. IA. 7329/94, IA. 11209/95 and IA. 660/97.

(2.) IA. 7329/94 is moved by the defendant praying that the preliminary objection raised in the written statement, under Section 10 of the Code of Civil Procedure, be treated as a preliminary issue. The submission being that the suit was liable to be stayed in view of the previously instituted suit for possession in the District Court, bearing Suit No. 733 of 1989 between the same parties. The suit was decreed on 4th November, 1996. An appeal preferred before the Division Bench has been admitted to hearing.

(3.) IA. 11209/95 is moved by the plaintiff praying, inter alia, that the evidence led by it in Suit No. 733 of 1989, for possession, be treated and read as evidence on Issue Nos.3 & 4 in the present Suit No. 413/90 for recovery of mesne profits and compensation for use. A prayer is also made for the defendant to furnish security/guarantee for the amount claimed as mesne profit/damages.