DARBARA SINGH @ BARA Vs. MALKIAT KAUR AND OTHERS

JUDGEMENT

(1.) This revision petition is at the behest of the defendant No.1 against the order dated 02.05.2016. The learned Trial Court dismissed the application filed by the defendant No.1.

(2.) Learned counsel appearing on behalf of petitioner submits that the defendant No.1 had filed application for dismissal of the suit on the ground that in the criminal case, against the order of the acquittal, leave to appeal has been granted and, therefore, the matter is sub-judice. He has further contended that since the appeal has been admitted, therefore, the cause of action to file the present suit has disappeared.

(3.) I have considered the arguments of learned counsel for the petitioner. However I am unable to agree with the same.