MAHENDRA SINGH YADAV Vs. SUSTI BABLOO

JUDGEMENT

(1.) THIS revision is directed against the order dated 26.6.1995 passed in Civil Suit No. 67-B/1994 of the Court of XIV Civil Judge, Class-II, Jabalpur, whereby further proceedings in that civil suit have been ordered to be stayed, in view of pendency of a criminal case filed by P.S. Ranjhi.

(2.) THERE was an incident of rioting, mischief etc. reported at Police Station, Ranjhi on 5.12.1993. On the basis of that report, a challan against the non-applicants has been admittedly filed for offences punishable under Sections 147/ 148/149/336/ 427 I.P.C. and under Sections 3/5 of Explosives & Substances Act. That criminal case is pending against the non-applicants/accused.

(3.) IN this revision, the learned Counsel for the plaintiff/applicant has assailed the impugned order on the ground that the order is illegal and the plaintiff/applicant would be prejudiced by the said order, as the civil suit shall not make any progress, in view of the stay of the proceedings of the case by the impugned order. It has also been urged on behalf of the applicant that no prejudice would be caused in case suit is proceeded with.