SHYAM MANOHAR MEETAL Vs. KAILASH NATH MEETAL

JUDGEMENT

(1.) This reference has been made by the learned Additional Commissioner, Rohilkhand Division, Bareilly vide his order dated 17th Dec., 1970 in Revision No. 50, Shiam Manohar Mital Vs. Kailash Nath Mital and others against the order dated 29-1-1970 passed by Judicial Officer (Revenue), Bareilly refusing to stay the proceedings in suit under Sec. 176 of the U. P. Zamindari Abolition and Land Reforms Act under the provisions of Sec. 10 of Code of Civil Procedure.

(2.) Kailash Nath Mital, opposite party No. 1 filed the suit under Sec. 176 of the Act against Murli Manohar and others. Shiam Manohar Mital, defendant-revisionist applied on 26th Nov., 1969 that the case may be stayed under Sec. 10 of Code of Civil Procedure as the land in dispute was the subject-matter of a previously instituted Suit No. 117 of 1969 pending in the Court of Civil Judge, Bareilly. This application was rejected by the trial court on 29th Jan., 1970. Shiam Manohar Lal, defendant, filed a revision to the Commissioner. The learned Additional Commissioner, who heard the revision, has agreed with the order dated 29th Jan., 1970 passed by the trial court and held that it has committed no material irregularity or illegality in refusing to stay the present suit. He has recommended that the revision may be dismissed.

(3.) An objection was filed by the revisionist on 16th Jan., 1971 that the observations of, the learned Additional Commissioner are highly erroneous; that it is evident from the copy of the plaint of Civi1 Suit No. 117 of 1969 that the subject-matter of the Civil Suit was the same land; that the finding of the learned Civil Judge in Civi1 Suit No. 117 of 1969 that he had no jurisdiction to appoint receiver in respect of agricultural holding has no bearing at all, as these observations were made in connection with the appointment of a receiver; that the learned Additional Commissioner has erred in holding that the Civil Court had no jurisdiction to entertain a suit for partition of agricultural holding.