SUNIL KUMAR AND OTHERS Vs. KASHMIRI LAL

JUDGEMENT

(1.) Defendants Sunil Kumar etc. have filed this revision petition under Article 227 of the Constitution of India impugning order dated 6.4.2012 Annexure P/5 passed by the trial court thereby disposing application Annexure P/3 filed by defendants under section 10 of the Code of Civil Procedure (in short, CPC) for stay of the suit which has been instituted by Kashmiri Lal vide plaint Annexure P/2. Defendants alleged in their application Annexure P/3 that suit filed by them as well as counter claim made therein by the present plaintiff relating to the subject matter was pending in civil court and therefore, instant suit was liable to be stayed under section 10 CPC.

(2.) Plaintiff by filing reply Annexure P/4 controverted averments of the defendants and denied that the suit pending at Patiala was regarding the same subject matter. It was pleaded that prayer in the aforesaid suit and counter claim is different.

(3.) Learned trial court vide order Annexure P/5 disposed of the defendants' application filed under section 10 CPC and framed issues in the suit. Feeling aggrieved, defendants have filed this revision petition.