SITARAM Vs. FAKIRCHAND GANESHRAM

JUDGEMENT

(1.) FAKIR Chand first of all filed suit No. 15/1949 on 11 -10 -45 for the recovery of Rs. 3,502 -15 -0 on the basis of three Hundies, Thereafter, Fakir Chand filed another suit No, 19 of 1949 for Rs. 1000/ - and interest on the basis of another Hundi against the same defendant on 9 -11 -1945. Both suits were tried by the Civil Judge, Gwalior. He decided first suit on 2 -3 -53 and decreed the claim. The second suit was decided on 24 -3 -53 and was dismissed. Sita Ram defendant filed appeal No. 127 of 1953 arising out of the first suit on 30 -3 -53. In the second suit, plaintiff filed an appeal on 7 -5 -53. Appeal No. 127 of 1953 was before the District Judge himself. The District Judge allowed the appeal, arising out of one Hundi on 31st May 1955 and decreed the claim. Against that decision the defendant filed an appeal before the High Court, which is said to be pending.

(2.) ON August 1956, plaintiff Fakir Chand, made an application before the District Judge that till the decision of the appeal before the High Court, the hearing in the appeal No. 127 of 1953 may be stayed The prayer was granted and this revision is directed against the stay order, purported to have been passed under section 151 C.P.C.

(3.) FOR reasons stated above there is no reason whatsoever for postponing the hearing of appeal No. 127 of 1953, and, the District Judge is directed to proceed with it. Parties to bear their own costs.