JOGINDER SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition has been filed against the order dated 8th October, 1997, passed by the Civil Judge, Senior Division, Patiala. By this order, the learned trial Court had rejected the prayer of the plaintiff/petitioner for stay of the suit. In the impugned order, it has been stated that though the parties had agreed that the suit should remain stayed till the decision in C. W. P. No. 8084 of 1987 but the learned trial Court held that since the High Court in the judgment dated Ist July, 1997 passed in C. R. No. 1754 of 1988 has clearly given a direction that the suit should be disposed of expeditiously, the prayer of the plaintiff for stay of the suit cannot be granted.

(2.) MR . Puri, learned counsel appearing on behalf of the petitioner/plaintiff submits that since the point raised in the suit has also been raised in the above-mentioned CWP No. 8084 of 1987, the learned trial Court should be directed not to pass any final order till the decision in the said writ petition is rendered by this Court. Since judgment dated 1st July, 1997 in C. R. No. 1754 of 1988 has been referred to in the impugned order. I called for the original records of the Civil Revision. From the judgment dated 1st July, 1997, I find that it was the petitioner/plaintiff who was the petitioner in that petition, had made a request to this Court that a direction be issued to the trial Court to proceed with the suit and dispose of the same expeditiously. In that case, an objection was taken that in spite of the fact that the trial court had already been directed to dispose of the suit expeditiously vide order dated 10. 1. 1990, but the suit had remained stayed despite the direction from this Court. It was at the request of the plaintiff/petitioner that a direction was given to the learned trial Court to dispose of the suit expeditiously vide judgment dated 1st July, 1997. Now, the learned counsel for the petitioner/plaintiff has taken stand which is totally contrary to the stand taken by the plaintiff/petitioner in C. R. No. 1754 of 1988. Since, it was at the request of the petitioner/plaintiff himself that this Court directed the trial court to dispose of the suit expeditiously vide judgment dated 1st July, 1997, the present petition filed by the petitioner/plaintiff amounts to abuse of the process of the Court and the same is dismissed with costs of Rs. 1000.00 which should be deposited with the Legal Aid to the Poor Cell, Punjab.