(1.) Hoshiar Singh and others, the petitioners herein filed a suit bearing No. 104 of 1998, for permanent injunction against the respondents, restraining the latters from dispossessing them from the Gher in dispute shown in red colour and marked by letters A, B, C, D in the site plan attached annexed with the plaint, forcibly and illegality, except in due course of law. They also further prayed for a decree for recovery of a sum of Rs. 10,000/- along with interest at the rate of 18% per annum from the date of the suit till the date of realisation.
(2.) During the pendency of the suit, the defendants moved an application under Section 10 of the Code of Civil Procedure for staying proceedings in the suit. It was stated that the dispute involved in the aforesaid suit was directly and substantially in issue in another suit bearing No. 1296 of 1996 between the same parties, pending in the Court of Mrs. Poonam Suneja, Civil Judge (Junior Division), Sonepat. The application was resisted. It was stated that in the previous suit, the dispute related to a street shown in yellow colour whereas in the present suit, the dispute relates to a gher. It was also stated that the street was being used by the plaintiffs and other residents of the village whereas the gher involved in the present suit was in exclusive possession of the plaintiffs which they are using for their domestic purposes.
(3.) Trial Court on a consideration of the matter and after observing that there would be no end to litigation if by twisting the facts, the parties are allowed to institute new suits, the relief about which could be claimed in the previously instituted suit, by way of amendment in the plaint, allowed the application and stayed the proceedings in Civil Suit No. 104 of 1998, by its order dated 11. 6. 1998. Hence this revision at the instance of the plaintiffs.