MADHU SINGLA Vs. SANTOSH RANI

JUDGEMENT

(1.) The petitioner has assailed the impugned order of the lower appellate Court whereby her petition filed under Section 10 of the Civil Procedure Code was declined.

(2.) The facts of the case are that the partners of M/s Haryana Rice Mills filed a civil suit titled as Om Parkash & Ors. v. Madhu Singla (the petitioner) in the Court of the Subordinate Judge,. Patiala, on August 16, 1993, for a declaration that M/s Haryana Rice Mills, Kurukshetra, formed by partners Madhu Singla Sohan Pal, Puran Chand, Roop Lal, Devi Rani and Kiran Rani stands dissolved and a new partnership firm under name and style of M/s Haryana Rice Mills, Kurukshetra, comprising of the plaintiffs as partners, has come into being. Petitioner Madhu Singla filed a civil suit on September 1993, titled as Madhu Singla v. Santosh Rani & Ors. for dissolution of M/s Haryana Rice Mills, Kurukshetra, and rendition of its accounts. In this civil suit, the respondents filed written statement on April 29, 1994, wherein they disclosed that earlier they had filed such a civil suit, which is pending in the Patiala Court. Thereafter the petitioner filed Civil Misc. No. 8971 of 1993 in this Court for transferring that Patiala suit to Kurukshetra. That petition was allowed on October 25, 1994 but till the impugned order was passed that civil suit was not received by Kurukshetra Court.

(3.) In her civil suit, the petitioner filed a, petition for the grant of ad interim injunction against the defendants praying that they be restrained from alienating the partnership property. That petition was decided on August 3, 1994, in her favour. On August 18, 1994, the respondents filed Misc. appeal against that order. During the pendency of that Misc. appeal, the petitioner filed a petition under Section 10 CPC on April 25, 1995, praying that since the Patiala suit is filed earlier by the respondents, till that suit is decided the trial of this suit filed by her and all incidental proceedings thereto, be stayed. That petition was rejected by the lower appellate Court by the impugned order.