BRIJ KISHORE Vs. MAHESH CHANDRA VARSHNEY

JUDGEMENT

(1.) HEARD Sri Pranab Ojha holding brief of Sri V. D. Ojha, learned counsel for the applicant and Sri Manoj Kumar Gupta, appearing for the opposite party.

(2.) BY means of the application no, 21-Ga 2, the applicant who figures as defendant in Original Suit No 51 of 1988, Mahesh Chandra Varshney v. Brij Kishore, pending in the court of X Addl. District Judge, Aligarh, sought stay of the proceedings in the suit, under Section 10 of the Code of Civil Procedure, 1908, hereinafter referred to as the Code, on the ground that the controversy involved in the suit is identical to the one in suit no. 811 of 1989, Brji Kishore v. Mahesh Chandra, pending in the court of the Civil Judge, Aligarh. The application of the applicant has been rejected by the courts below by means of the order dated 13th March, 1991, impugned in the instant revision.

(3.) THE revision lacks merit and is, therefore, dismissed summarily. Stay order/orders shall stand vacated. Revision dismissed.