MISHRI LAL Vs. DINESH CHAND AGARWAL

JUDGEMENT

(1.) HEARD learned counsel for the parties and also perused the record. By means of this petition filed under Article 226 of the Constitution of India, the petitioner challenges the validity of the order dated 12.4.1996 whereby application filed by the petitioner under Section 10 of the Code of Civil Procedure, was dismissed by the trial Court and the order dated 18.8.2000 whereby the revision filed by the petitioner against the order passed by the trial court was dismissed by the Court below.

(2.) IT appears that the contesting respondent filed a suit for ejectment and recovery of arrears of rent and damages against the petitioner. In the said suit, petitioner filed a written statement pleading that the house was owned by Mr. Kunj Behari and Mrs. Angoori Devi who have entered into an agreement for sale in their favour on 29.3.1992. On the basis of the said agreement, the petitioner has already filed a suit for specific performance of contract for sale, which was registered as Original Suit No. 17 of 1995 and is still pending in the Civil Court. Therefore, it was urged that in both the cases the matter in issue, directly and substantially, involved was the same. An application under Section 10 of the Code of Civil Procedure was also filed for stay of proceedings of the suit filed by the contesting respondents for ejectment and arrears of rent with the same allegations made in the suit for specific performance as well as made in the written statement. The Trial Court, after hearing the parties came to the conclusion that provisions of Section 10 of the Code of Civil Procedure were not applicable and dismissed the application by judgment and order dated 12.4.1996. Aggrieved by the aforesaid order, the petitioner filed a revision before the Court below and the Court below after hearing the parties reaffirmed the findings recorded by the trial Court and dismissed the revision by its judgment and order dated 18.8.2000. Hence, he present petition.

(3.) I have considered the submissions made by the learned counsel for the petitioner and also perused the record.