AJUDHIA NATH KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition for revision against the order of the Subordinate Judge 1st class, Delhi, dated 3-6-57, dismissing the application for stay of the proceedings on the ground that the same was not maintainable under any provision of law.

(2.) IT appears that the petitioner was an employee in the Railway Department and he brought a suit against the Union of India on 10-8-50 in the Court of the Civil judge, Saharanpur, for the recovery of Rs. 50,000/-as damages for the loss caused to him on account of withholding his promotion etc. This suit was decreed, but an appeal was filed against the same by the Union of India, which is still pending in the Allahabad High Court. It may be mentioned that the petitioner realised the decretal amount from the Union of India, but on furnishing security for restitution in case the appeal was decided against him. This amount, according to the petitioner, had been kept as security with the Bank, which had stood surety for him. The petitioner also filed another suit in forma pauperis at Saharanpur on the same of action, but for a subsequent period. This second suit, on the application of the petitioner, was stayed to await the decision of the appeal in the Allahabad High court. The present suit was filed by the petitioner in forma pauperis at Delhi on the same cause of action, but for a different period. In this suit, the petitioner filed an application praying that the proceedings be stayed till the decision of the appeal by the Allahabad High Court.

(3.) THE learned trial Judge rejected this application, as mentioned above.