SATBIR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) THE plaintiff has filed the present revision petition aggrieved against the order dated 1.8.2002 whereby the proceedings or the suit were stayed in terms of issue No. 5 which reads as under : 5. Whether the present suit is liable to be stayed under Section 10 CPC ? OPD

(2.) SUIT No. 176 of 1997 titled Smt. Gurmit Kaur and others v. Mukhtiar Singh and others is for declaration to the effect that the plaintiff is owner in possession of the suit property and that the General Power of Attorney dated 6.2.1996 is illegal, void, result of fraud, misrepresentation and the sale deeds allegedly executed by Mukhtiar Singh on the basis of said Power of Attorney are illegal, void and have no effect on the rights of the plaintiff. With the said suit, another Civil Suit No. 414/29.11.1996 titled Balbir Singh and others v. Gurdip Kaur and others, was consolidated vide order dated 29.5.2002. Both the aforesaid suits have been stayed by the learned trial Court vide impugned order on the basis of judgment and decree in another Suit No. 129/30.11.1996 titled Lakhbir Singh v. Gurdip Kaur decided on 10.5.2000. It has been held that the judgment and decree dated 10.5.2000 Ex. D.14 and Ex. D.15 operate res judicata even though appeal against the said judgment and decree is pending for final disposal before the first Appellate Court.

(3.) THE learned trial Court has stayed the proceedings of the two consolidated suits relying upon a judgment and decree dated 10.5.2000 Ex. D. 14 and Ex. D.15 holding that the finding in the said civil suit will operate as res judicata. I am unable to agree with the finding recorded by the learned trial Court. It is admitted by the learned counsel for the parties and as is evident from the order passed by the learned trial Court itself that the said judgment and decree is the subject-matter of appeal which is pending for final disposal. Therefore, the finding recorded by the learned trial Court in the judgment and decree Ex. D.14 and Ex. D.15 has not attained finality.