GINDORI Vs. KITABO

JUDGEMENT

(1.) THE plaintiff-petitioner is in revision against order dated 17.11.2007 vide which the learned Trial Court, while allowing a plea under Section 10 read with Section 151 C.P.C. in favour of defendants - respondents, ordered the stay of the proceedings of the suit.

(2.) THERE is no controversy between the parties insofar as the following factual aspect is concerned.

(3.) THE respondents filed a plea therein under Section 10, read with Section 151 C.P.C., for the stay of the proceedings in that suit. The averment, made in support thereof, was that the subject of controversy is the same which is in issue in RSA No.1283 of 2003. The plea found favour with the learned Trial Court which observed that " the matter in dispute in the present suit and in RSA No. 1283 of 2003 is directly and substantially same. Parties in both, cause of action and subject matter is same. The order passed in RSA would obviously operate as resjudicata for the purposes of present suit".