ASSUMPCAO RIBEIRO Vs. ELAVIANO BOAVENTURA SALVADOR SILVEIRA

JUDGEMENT

(1.) The petitioners are defendants in a suit brought by the respondents for recovery of certain amount on the ground that the petitioners formed an unlawful assembly and entered into their house and damaged their doors, windows and furniture between 7.00 a.m. to 12.00 a.m. on 20th May, 1975. This suit has been filed on 28th Jan. 1976. The petitioners and three others are now facing their trial instituted by the Ribandar Police on the basis of a complaint filed by the 6th respondent in relation to the incident that took place on 20th May, 1975. The petitioners moved the Civil Court to stay the Civil suit brought by the defendants until disposal of the Criminal Case, on the ground that they would be embarrassed in their defence in the Criminal Case if they are to file their written statements in the Civil Suit. The learned Civil Judge Senior Division having rejected their prayer, they have filed this present revision application.

(2.) In support of their case the petitioners cited the case of M.S. Sheriff V/s. State of Madras, 1954 AIR(SC) 397, in the Lower Court as well in this Court. As in the opinion of the learned Civil Judge there was no cause for embarrassment to the petitioners such as existed in the case cited above, it has been found that the decision has no applicability. The only relevant consideration while disposing of the prayer for staying a Civil Suit pending disposal of a Criminal Case started on the same facts is the likelihood of embarrassment, as has been held in the judgement of the Supreme Court. In the present case the embarrassment likely to be caused is that the petitioners if required to file the written statement will have to disclose their case. This will prejudice them in effectively contesting the criminal case. I find that this submission has some force. The learned Civil Judge has failed to take note of this fact. Further, I am told that the criminal case is fixed to be taken from day to day with effect from 11th December. It is expected that the criminal trial will soon come to a close, say within a month or so. Civil cases often drag on for years and therefore nothing serious will turn out if the present Civil Suit is stayed for a period of one or two months more until disposal of the Criminal case.

(3.) In this view of the matter I feel that the learned Civil Judge has not addressed himself to the correct legal position and has thereby acted with material irregularity and that the order should therefore be set aside. The revision petition is allowed, but in circumstances without costs and hearing of the Civil Suit is stayed until disposal of the Criminal Case.