JASWANT SINGH BAIDWAN Vs. COL KULDIP RAI KAKAR

JUDGEMENT

(1.) This revision petition is directed against the order of the Subordinate Judge Ist Class, Kharar dated 3.10.1989 whereby he dismissed an application under section 10 of the Civil Procedure Code moved by the petitioner.

(2.) Two civil suits were filed; one for the recovery of possession of Booth No. 325, Phase VII, S.A.S. Nagar (Mohali) and the second for recovery of mesne profits with regard to the aforesaid booth. The civil suit with regard to recovery of mesne profits was filed subsequent to the filing of the civil suit for possession. Application under section 10 of the CPC was moved for staying the proceedings in the civil suit for recovery of mesne profits. The second suit for recovery of mesne profits is said to be instituted pending the earlier suit for recovery of possession of the above mentioned booth, where identical questions of title are likely to be adjudicated upon. However, it will meet the ends of justice if both the suits are consolidated and disposed of by one judgment. Consequently, I direct that the civil suit for recovery of possession of Booth No. 325, Phase VII, S.A.S. Nagar (Mohali), titled as Col. Kuldip Rai Kakar v. Jaswant Singh Baidwan, pending in the Court of Shri A.S. Ghuman, Subordinate Judge Ist Class, Kharar and the second civil suit for mesne profits, titled as Col. Kuldip Rai Kakar v. Jaswant Singh Baidwan, pending in the Court of Shri D.K. Monga, Subordinate Judge I Class, Kharar be disposed of by Shri D.K. Monga, Subordinate Judge I Class, Kharar. The civil suit pending in the Court of Shri A.S. Ghuman is withdrawn from his Court and transferred on the file of Shri D.K. Monga. This revision petition is disposed of accordingly.