MOTILAL CHUNILAL RATHOR Vs. PANI BAI

JUDGEMENT

(1.) This civil revision arises out of an order refusing prayer of defendant No. 1 to hear two suits analogously.

(2.) Title Suit No. 161 of 1987 has been filed by opposite party No. 1 for declaration that petitioner is not the adopted son of Panchanan and for partition. Petitioner filed a written statement in the said suit claiming to be adopted son of Panchanan. In the written statement opposite party No. 1 has claimed that petitioner is not the adopted son and they are continuing in possession on the basis of succession.

(3.) Opposite Party No. 1 filed an application for stay of hearing of Title Suit No. 1 of 1989 under Section 10, Civil Procedure Code. Petitioner filed an application for analogous hearing of both suits. Both applications were heard together and in a common order, application for stay of latter suit has been allowed and application for analogous hearing of both suits has been rejected. This is grievance of petitioner.