SHASHI PANDEY Vs. B K CHOUBEY

JUDGEMENT

(1.) This is a petition filed by the petitioner invoking the writ jurisdiction of this Court under Article 227 of the Constitution of India by which the petitioner has challenged the order dated 24.10.2007 whereby the court below has rejected the application filed on behalf of the petitioner under Section 10 of the Civil Procedure Code, 1908 (hereinafter referred to in short as "the CPC") for stay of the subsequent suits.

(2.) The facts leading to the present petition are that petitioner is a tenant. The respondent earlier filed a suit for eviction and also for arrears of rent. In the said suit the present petitioner was the defendant, who being a tenant also filed a counter-claim. Subsequently, the aforesaid suit was withdrawn and only counter- claim remained.

(3.) The second suit filed by the landlord was for seeking a decree for eviction and also for the arrears of rent w.e.f. 1.11.2006. In the second suit an objection has been raised on behalf of the petitioner/tenant that this civil suit is liable to be stayed in view of Section 10 of the CPC. The court below has rejected the application filed by the petitioner for stay of the suit.