JANAK RANI Vs. CHARAN SINGH

JUDGEMENT

(1.) This is a plaintiff's revision of the order of the learned Subordinate Judge, Amritsar; staying the plaintiff's suit under Section 151, Civil Procedure Code.

(2.) It appears that there was some partnership between Janak Rani wife of Brij Lal, plaintiff, Kirpal Singh and Chanan Singh, defendants. There was a suit of rendition of accounts instituted by Kirpal Singh and Chanan Singh against Janak Rani in July, 1961 which resulted in a preliminary decree. Proceedings for taking of account are still going on. In February, 1962 Janak Rani instituted the present suit for permanent injuction restraining Chanan Singh and his son Harbans Singh (Harbans Singh was not a party to the previous proceedings) restraining them from using some machinery belonging to her and lying on the premises of the partnership business. The defendants applied for staying this suit pending the final decree of the previous litigation relating to the rendition of accounts. The trial Court has stated in its order that it is clear that the present suit is not between the same parties. However observing that the suit relates to the property which is lying on the floor of Guru Nanak Cotton Weeding Mills, Chheharta, the accounts of which, according to Exhibit D-2, are to be gone into, it would meet the ends of justice to stay the present case under Section 151 of the Code.

(3.) On revision it has been contended that this order is without jurisdiction or at least tainted with material irregularities.