JAYARAMAN Vs. LALITHA

JUDGEMENT

(1.) THE petitioner is the third defendant in O.S.No.101 of 1990 on the file of Sub Court, Kancheepuram. THE respondents/plaintiffs filed a suit, claiming a sum of Rs.5 lakhs by way of damages, from the petitioner and other persons. THE petitioner (3rd defendant) and the 4th defendant filed unnumbered I.A.SR.No.6199 of 1998 under Sec.10 of the Code of Civil Procedure, to stay all further proceedings in the case till the final disposal of C.A.No.467 of 1992 on the file of this Court. THE respondents opposed the application and after hearing both sides, the trial court dismissed the petition and aggrieved against this, the petitioner (3rd defendant), has filed the present revision.

(2.) THE learned counsel for the petitioner contended that the court below erred in dismissing the petition under Sec.10 read with 151 of the Code of Civil Procedure. THE issue involved in the suit as well as in the criminal appeal is one and the same and the decision in the criminal appeal would be binding while disposing of the suit. THE learned counsel also relied upon a decision in Kusheshwar v. M/s.Bharat Coking Coal Limited Kusheshwar v. M/s.Bharat Coking Coal Limited Kusheshwar v. M/s.Bharat Coking Coal Limited , A.I.R. 1988 S.C. 2118 and also another decision in P.S.Kandasami Mudaliar v. T.N.Ranganathan P.S.Kandasami Mudaliar v. T.N.Ranganathan P.S.Kandasami Mudaliar v. T.N.Ranganathan , (1973)2 MLJ. 94insupport of his contention.