PEROONHAYIL RAMOTTY Vs. CHERUVATH GANGADHARAN

JUDGEMENT

(1.) THE plaintiffs in O.S. No. 21/99 on the file of the Munsiff's Court, Koyilandy are the revision petitioners. The order dated 5.7.2000 in I.A. 984/2000 is under challenge. That petition is filed by defendants 1 to 4 under Section 151 of the C.P.C. to stay the suit till the disposal of the criminal case in C.C. No. 553/99 pending before the Judicial First Class Magistrate's Court, Koyilandy against them and others.

(2.) THE learned Munsiff after finding that the criminal case is pending against the same defendants on the same subject matter in the suit and therefore, if the trial in the suit is proceeded with necessarily the defendants will be compelled and constrained to disclose their defence prematurely which will naturally prejudice them in the trial of the criminal case and therefore, it is not advisable to proceed with the suit pending trial of the criminal case. Hence the revision petition is preferred by the plaintiffs before this Court.

(3.) IT is submitted by the counsel for the revision petitioners that the respondents 1 to 4 have already filed their written statement in the suit and it is only thereafter they have filed the above petition to stay the trial of the suit till the disposal of the criminal case. Therefore, according to the petitioners, the contention of respondents 1 to 4 that the trial of the suit will prejudice their defence in the criminal case as they will have to prematurely disclose their defence in the suit, is absolutely untenable since they have raised all their contentions available in the suit in the written statement while the criminal case was pending against them and there is no question of any prejudice causing to them by the trial of the civil suit. Therefore, according to them, the lower court has committed manifest error of law and jurisdiction in staying the civil suit pending trial of the criminal case pending against them.