BISWANATH MONDAL Vs. SMT. SULEKHA ROY & ORS.

JUDGEMENT

(1.) This revisional application is directed against the order dated August 4, 2016 passed by the learned 5th Civil Judge (Senior Division) at Alipore in Title Suit No. 164 of 2013. By the impugned order, the learned Court below rejected the application filed by the petitioner under Section 10 of the Code of Civil Procedure, 1908 praying for, stay of the trial of the above suit on the ground of pendency of the earlier suit, being Title Suit No. 53 of 2003 involving the same property, between the parties who are common in both the suits.

(2.) It is submitted by Mr. Bhattacharyya, learned advocate appearing for the opposite party nos. 1 and 2 in this revisional application, being the plaintiffs in Title Suit No. 164 of 2013 pending before the Court of the learned 5th Civil Judge (Senior Division) at Alipore, that the plaint filed in Title Suit No. 53 of 2003 has not yet been served upon the opposite party no. 2, the defendant no. 34 in the said suit.

(3.) However, the plaintiffs in the said Title Suit No. 53 of 2003, who are also the opposite party nos. 30 and 31 in this application are not appearing before this Court.