LAWS(CAL)-1998-11-55

SRI ASIM GHOSAL Vs. MANABENDU CHOWDHURY AND ANR.

Decided On November 13, 1998
Sri Asim Ghosal Appellant
V/S
Manabendu Chowdhury And Anr. Respondents

JUDGEMENT

(1.) In this revisional application under Art. 227 of the Constitution of India, the petitioner has complained that although an application under Sec. 10 of the Code of Civil Procedure filed by him in the Trial Court was allowed, the Honourable the Chief Justice of this Court by exercising administrative power has set at nought the said order.

(2.) The fact giving rise to the instant application may be summarised thus :

(3.) The present petitioner filed an application under Sec. 10 of the Code of Civil Procedure in the second suit before the learned Assistant District Judge for stay of hearing of the second suit. On contested hearing the said application was allowed and the hearing of the second suit viz. the suit for eviction was stayed till the disposal of the earlier suit for declaration of a tenancy right.