HEMANT KUMAR VASHISHT Vs. BEENA JAI

JUDGEMENT

(1.) The plaintiff is the petitioner before this court. In the proceedings before the trial Court, an application under section 10 of the Code of Civil Procedure was filed by defendant No.2. It was claimed that some of the issues which were involved for adjudication in the proceedings before the trial court were also the subject matter of adjudication in a Regular Second Appeal between the parties before the High Court. Consequently, it was claimed that proceedings in the suit be stayed.

(2.) Vide order dated November 18,2005, passed by the trial Court, the aforesaid application filed by defendant No.2 was dismissed. It appears from the record that the aforesaid order has not been challenged by defendant No.2.

(3.) However, later on an order dated August 21,2006 has been passed by the trial court whereby the proceedings in the suit have been adjourned sine die taking note of the fact that the Regular Second Appeal between the parties involving the adjudication of the issues which were subject matter of adjudication before the trial court was still pending.