MUKESH DEVI Vs. MANJU DEVI

JUDGEMENT

(1.) BY means of this petition moved under Article 226 read with Article 227 Constitution of India, the petitioner has challenged order dated 19.02.2009 passed by the trial court (1st Addl. Civil Judge (Sr. Div.), Dehradun) in suit No. 184/2007, Mukesh Devi Versus Manju Devi, and order dated 30th of April, 2009 passed by Revisional Court (Addl. District Judge/F.T.C. V, Dehradun) in civil revision No. 33 of 2009 whereby the order passed by the Trial Court is affirmed, staying the proceedings of subsequent suit under Section 10 of Code of Civil Procedure affirmed, staying the proceedings of subsequent suit under Section 10 of Code of Civil Procedure.

(2.) HEARD learned counsel for the parties.

(3.) BRIEF facts of the case are that respondent Smt. Manju Devi filed original suit No. 130/2007 against the petitioner Mukesh Devi for cancellation of agreement dated 05.05.2006 for sale. Thereafter, suit No. 184/2007 is filed by the petitioner Mukesh Devi against respondent Manju Devi for specific performance of the same agreement dated 05.05.2006. In the subsequent suit, the defendant raised the plea to stay the proceedings under section 10 of Code of Civil Procedure, 1908, on which the impugned order dated 19.02.2009 was passed by the trial court staying the proceedings of the subsequent suit i.e. suit No. 184/2007, instituted by the petitioner.