VED PRAKASH Vs. GURU GRANTH STHAN

JUDGEMENT

(1.) THIS petition is filed challenging the order dated 21-4-2008 by First Additional Judge to the Court of First Additional District Judge, Panna in civil Suit No. 10-A/2006 by which the trial Court rejected the application filed by the petitioners under Section 10 read with Section 151 of CPC, seeking stay of the civil suit during the pendency of criminal proceedings, in respect of subject-matter of the suit.

(2.) THE learned counsel for the petitioners submitted that till the decision in criminal proceedings, the proceedings of the civil suit ought to have been stayed by the trial court. He placed reliance to the judgment of the single Bench of this Court in New Bank of India v. M/s. Radhakishan and Co. , 1988 jlj 678. It was further submitted by Shri das that when civil suit and the criminal case were based on same cause of action, the civil suit ought to have been stayed and filing of the written statement was of no consequence.

(3.) SHRI Ajay Ojha, the learned counsel for respondent, submitted that the petitioners had filed their written statement in the case and now only evidence is to be recorded. In the written statement, the petitioners have already disclosed their defence. In these circumstances, there was no necessity of staying the civil suit. He placed reliance to the supreme Court's judgment in State of rajasthan v. Kalyan Sundaram Cement Industries Ltd. (1996) 3 SCC 87 ).