JAGARNATH Vs. RAMJI

JUDGEMENT

(1.) BY an order dated 21-1-2004, trial Court directed to appoint Amin Commissioner to prepare map of the property in question. An application to recall the order dated 21-1-2004 was rejected by the impugned order dated 10-2-2004 passed by trial Court. A revision No. 48 of 2004 preferred against the said order was dismissed on 11-3-2004.

(2.) LEARNED Counsel for petitioners urged that in the application dated 28-1-2004 petitioner has made two prayers (1) To recall the order dated 21-1-2004 and (2) To stay the proceedings under Section 10 of CPC. The Courts below erred in law in dismissing the application without considering matter under Section 10 of CPC.

(3.) PETITIONERS' application by which two distinct prayers were made, firstly, to recall the order dated 21- 1-2004 and secondly, to stay the suit under Section 10 of CPC was not maintainable and the trial Court rightly considered the prayer No. 1 on merit and rejected the application. As directed, it is still open to petitioners to move fresh application under Section 10 of CPC, if so advised. No ground is made out for interference.