SHEKHAR JAIN Vs. SHANTA JAIN

JUDGEMENT

(1.) By this petition, the petitioner seeks the setting aside of the impugned order dated 21.03.2016 passed by the learned Civil Judge (Junior Division), Ambala, by which his application filed under section 10 of the Code of Civil Procedure (hereinafter to be referred to as the Code), seeking a stay of proceedings in Civil Suit bearing O.S. No.23 of 2013 (instituted by both the respondents herein against the petitioner), pending before that Court, has been dismissed.

(2.) Briefly, the facts are that on 16.09.2013 the petitioner herein had instituted a suit bearing O.S. No.191 of 2013, titled as Shekhar Jain Vs. Shanta Jain and others, in the Court of the learned Civil Judge (Senior Division), Meerut (U.P.), seeking therein the grant of a decree of partition and possession of a ?th share that the petitioner claimed to be his, in the estate of his late father Shri Parkash Chand Jain, the suit property in that suit being:-

(3.) That suit has been instituted for whatever reason at Meerut, even though the petitioner, as per the copy of his plaint in that suit (Annexure P-1 with this petition), is seen to be residing in Ambala Cantt. The impugned order shows that the court at Meerut took cognizance of the suit on 16.02.2013 (shown to be 16.07.2013 by a typographical error in the impugned order as per learned counsel for the parties), and had issued summons to the defendants therein. Summons had been issued to the defendants therein returnable on 11.03.2013, for filing written statements, after which the suit (at Meerut) is stated to have been fixed for framing of issues for 12.04.2013.