HARPAL KAUR Vs. DR. RAJINDER SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court dated August 23,1988, whereby the application filed by the defendant -petitioner Harpal Kaur, to stay the proceedings in the suit, in view of the pendency of the criminal proceedings under section 314, Indian Penal Code, was dismissed.

(2.) THE plaintiff Dr.Rajinder Singh filed a suit for possession on the basis of the Will in his favour. When the case was ripe for arguments, the defendant made an application that since a criminal case under Section 314, Indian Penal Code, was pending against the plaintiff in the Court of the Sessions Judge, Bhatinda, the proceedings in the suit be stayed till the final disposal of that case. That application was resisted by the plaintiff. The learned trial court found that the civil suit could be stayed only under Section 10 of the Code of Civil Procedure if regarding the same subject matter between the parties similar suit is pending and that suit was instituted earlier. In the present case, no such suit is pending. Any criminal case pending against the plaintiff was of no consequence as a judgment of a criminal Court is not binding upon a civil court. Consequently the application was dismissed by the trial Court by the impugned order.

(3.) CONSEQUENTLY , this revision petition fails and is dismissed with costs. Since the further proceedings in the suit were stayed at the time of the motion hearing by this Court, the parties are directed to appear before the trial Court on February 22, 1988, for further proceedings.