DURGA DUTT Vs. LOK PRAKASH

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed order dtd. 7/1/2022, passed by learned Senior Civil Judge, Kasauli in Civil Suit No. 385/1 of 2018, whereby application of the defendant in said suit filed under Sec. 10 of the Code of Civil Procedure has been allowed.

(2.) Petitioner herein had filed a Civil Suit No. 108/1 of 2012 in the Court of learned Senior Civil Judge, Kasauli in which Sh. Dharam Dutt was one of the defendant. The suit was subsequently withdrawn, however, a counter claim filed by Sh. Dharam Dutt in the said suit and registered as Counter Claim No. 42/1 of 2015 is still continuing. Sh. Dharam Dutt is father of respondent herein. In Counter Claim No. 42/1 of 2015, Sh. Dharam Dutt is represented by respondent herein as his General Attorney.

(3.) Petitioner herein has filed another suit being No. 385-1 of 2018, titled Durga Dutt Vs. Lok Prakash, which is pending before learned Senior Civil Judge, Kasauli. Respondent herein is defendant in Civil Suit No. 385-1 of 2018. An application under Sec. 10 of the Code of Civil Procedure came to be filed in Civil Suit No. 385-1 of 2018 by respondent herein on the premise that the said Civil Suit was liable to be stayed in view of pendency of Counter Claim No. 42-1 of 2015.