RAMESHWAR Vs. VTH ADDL DIST JUDGE BASTI

JUDGEMENT

(1.) An application for substitution was filed in Suit No. 357 of 1982 By an order dated 8-1-1998 the learned trial Court recorded an order that in view of stay of further proceeding of the suit granted by this Court in Writ Petition No. 11841 of 1984the said substitution application could not be disposed of. Inasmuch as until stay of further proceeding is vacated the Court cannot proceed with the proceeding. Learned counsel for the petitioner Sri P.P. Chaudhary, contends that disposal of the application for substitution will not decide any controversy between the parties and would not amount to a case decided and neither it will affect the rights of the parties.

(2.) I have heard Shri P.P. Chaudhary, learned counsel for the petitioner at length.

(3.) The contention that the decision on an application for substitution will not amount to a case decided does not seem to be sound. A decision on an application for substitution is surely a case decided. Such decision affects the rights of the parties to continue with the suit. It decides controversy between the parties with regard to the rights of the parties to be allowed to be substituted in the proceeding. If it is substitution of the defendants then it would amount to right of the plaintiff to proceed with the suit against the substituted defendants. If it is a substitution of the plaintiff it decides the rights of the substituted plaintiff to continue with the suit. If there is controversy between the parties the same will very well be decided in such proceeding. But however even it is decided, the controversy between the parties affect the rights of the parties, but it does not affect the decision on merits of the suit or the proceeding, it is only an interlocutory matter in aid of the proceeding. There are various kinds of interlocutory matters such as application for injunction, appointment of receiver, attachment before judgment maintenance pendente-lite in matrimonial proceeding, substitution of parties, addition of parties and so on and so forth which are all interlocutory matters without affecting the decision on merits of the suit or proceeding. Whether such interlocutory matters would have any impact or affect on the decision of the merit of the suit or proceeding is a question which is dependent on the facts and circumstances of each case depending on the nature of the proceedings and the substance of the controversy between the parties, the issues involved and the relief sought. If the decision on such interlocutory matter does not affect in any way the decision on the merit, in that event, the stay of further proceeding granted by the superior Court would not prevent the Court to decide such interlocutory matters.