RAMOTTY Vs. 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 S. 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 the common case that the subject-matter in the above suit and in the criminal case in which some of the defendants in the suit are facing trial before the Judicial First Class Magistrate's Court, Koyilandy for the offences punishable under S. 83(c) of the Registration Act and Ss. 465, 467, 468, 205 and 419 r/w 34 of IPC, are the same. The respondents 1 to 4 herein moved the above application to stay the trial of the suit till the disposal of the criminal case pending against them contending that the trial of the civil suit will prejudice their defence in the criminal case since they will be forced to disclose their defence in the criminal case prematurely, if they are forced to stand trial in the suit before the disposal of the criminal case.