BIKRAM SINGH Vs. THAKUR DWARA (THAKURJI MAHARAJ), BURAIL

JUDGEMENT

(1.) SOME of the defendants have filed this revision petition under Article 227 of the Constitution of India assailing order dated 29.01.2013 Annexure P 10 passed by the trial Court thereby dismissing application Annexure P 9 filed by defendants no.1 to 41 for stay of the suit (instituted by respondents no.1 to 5/plaintiffs) under Section 10 read with Section 151 of the Code of Civil Procedure (in short, 'CPC').

(2.) DEFENDANTS no.1 to 41 alleged in their application that earlier Urmila Devi, sister of plaintiffs no.2 and 3 herein, had filed civil suit in which regular second appeal is pending in this Court and issues directly and substantially in issue in both the cases are same and, therefore, instant suit is liable to be stayed under Section 10 CPC.

(3.) I have heard learned counsel for the parties and perused the case file.