NILADRI DHAR Vs. PINAKI DHAR

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is at the instance of the second defendant in a suit for eviction challenging an order dated August, 16, 2023 passed by the Learned Civil Judge, (Senior Division) 7th Court, at Alipore in Title Suit No. 134 of 2021.

(2.) By the order impugned, the application under sec. 10 read with sec. 151 of the Code of Civil Procedure filed by the petitioner herein stood rejected.

(3.) The petitioner appearing in person submits that the opposite party herein filed the suit for eviction upon revocation of licence against the father of the parties as well as against the petitioner herein. He submitted that prior to the filing of the said suit, the father of the parties filed a suit for declaration of his one-half share in the suit property and for mandatory injunction against the opposite party herein and his wife. Petitioner submits that the suit for eviction being the latter suit is required to be stayed till the disposal of the previously instituted suit which is the suit for declaration and injunction. Petitioner further submits that the Learned Trial Judge instead of considering as to whether the matter in issue in the latter suit is also directly and substantially in issue in the previously instituted suit rejected the prayer for stay of the suit upon considering only the nature of the two suits. He further submitted that the latter suit should be stayed even if the causes of action of the two suits are different. In support of such contention, he placed reliance upon the decision of this Court in the case of Challapaalu Sugars Ltd. Vs. Swadeshi Sugar Supply Pvt. Ltd. reported at AIR 1983 (Cal) 199. He further submitted that he has adopted the written statement filed by his late father and therefore the findings of the Learned Trial Judge that the defendant no. 2 has not filed any written statement is a perverse finding.