SUMANTH PATHAK Vs. TVS SUZUKI LTD

JUDGEMENT

(1.) WHAT is challenged herein is the order of the learned Subordinate Judge, Hosur, dismissing an application filed by the petitioner herein to stay further proceedings in O.S.No.172 of 2000 till the disposal of the suit in O.S.No.824 of 2000 on the file of the City Civil Court, Kanpur.

(2.) AS could be seen from the available materials, it was a suit filed by the first respondent herein against the petitioner and the second respondent for declaration, permanent injunction and damages. The petitioner herein filed a suit in O.S.No.824 of 2000 on the file of the City Civil Court, Kanpur against the respondents herein for declaration and permanent injunction. During the pendency of the suit in O.S.No.172 of 2000, the petitioner/first defendant filed the instant application for stay of the proceedings till the disposal of the suit filed by him in O.S.No.824 of 2000. On contest, the lower court dismissed the application, which has culminated in this revision.

(3.) NOW in order to arrest the suit filed by the first respondent in O.S.No.172 of 2000 pending on the file of the Sub Court, Hosur, the instant application was filed by the revision petitioner/first defendant. It is true that the suit filed by the revision petitioner/first defendant in O.S.No.824 of 2000 on the file of the Civil Judge, Kanpur is earlier in point of time. But a reading of the reliefs sought for in both the suits would make it abundantly clear that the suit filed by the first respondent in O.S.No.172 of 2000 pending on the file of the Sub Court, Hosur is comprehensive. It is pertinent to note that the revision petitioner/first defendant has not even filed the written statement in the said suit, and the issues have not yet been framed.