CHARNO Vs. GEJA SINGH

JUDGEMENT

(1.) Geja Singh filed a suit hereinafter referred to as the present suit) against Smt. Charno, the petitioner in this revision petition, for possession of agricultural land. Smt. Charno contested the suit She pleaded inter alia that she was was in adverse possession of the suit land. Consequently, among others, an issue was framed as to whether Smt. Charno had become owner of the suit land by adverse possession.' This fact is admitted by Shri. Ram Singh learned counsel for Geja Sirgh. Smt. Charno filed an application under section 10 of the Code of Civil Procedure, praying that the proceedings in the present suit should be Stayed, because she had earlier filed a suit against Geja Singh, plaintiff, in the present suit and some others, for permanent injunction, restraining the defendants from dispossessing her from the suit land. The trial court had decreed that suit. On appeal by Geja Singh and others, the findings of the trial court on certain issues were reversed, but its conclusions were affirmed. Smt. Charno had filed Regular Second Appeal No. 2152 of 1983 against the decree of the learned lower Appellate Court and the same was admitted and is pending decision in this Court.

(2.) This application was opposed by Geja Singh, the plaintiff of the present suit. He had pleaded that both the suits were different in relation to their nature and the relief sought for. The provisions of section 10 of the Civil Procedure Code were not attracted. These pleas found favour with the learned trial court and he dismissed the application for stay of the present suit filed by Smt. Charno on the ground that the previous suit was for permanent injunction and the present suit was for possession. The reliefs sought for in both the suits were different and their nature was also different. He also observed that the applicant Smt. Charno had not placed on record the orders of the High Court, admitting Regular Second Appeal No. 2152 of 1983.

(3.) Section 10 of the Civil Procedure Code, reads as under :