RAVINDER SINGH Vs. SANTOSH KUMAR AND OTHERS

JUDGEMENT

(1.) Key facts necessary for the adjudication of this petition are that petitioner has filed a suit for specific performance bearing Civil Suit No. 50-1 of 2009, on the basis of agreement dated 12.7.2005, in the court of Civil Judge (Junior Division), Chopal. Written statements were filed on behalf of all the defendants in the Civil Suit. Respondent No.1 Santosh Kumar also filed suit for declaration bearing Civil Suit No. 29-1 of 2011 that he has every right and was entitled to receive monthly rent, arrear of rent and all other benefits accrued from the leased premises. Petitioner Ravinder Singh filed written statement to the same, copy of which is available at page 63 of the paper book. Other defendant, namely, Bharat Sanchar Nigam Limited also filed written statement vide Annexure P-11.

(2.) Petitioner filed an application in Civil Suit No. 29-1 of 2011 under section 10 read with section 151 of the Code of Civil Procedure with a prayer that trial of Civil Suit No. 29- 1/2011 may kindly be stayed in view of earlier suit filed by him bearing Civil Suit No. 50-1/2009. Respondent No.1 filed reply to the application preferred by the petitioner under section 10 read with section 151 of the Code of Civil Procedure. Respondent No.1 Santosh Kumar also filed an application under section 151 of the Code of Civil Procedure in Civil Suit No. 29-1/2011 for consolidation of Civil Suit 29-1/2011 titled, Santosh Kumar vs. Ravinder Singh and Civil Suit No. 50-1/2009 titled as Ravinder Singh vs. Santosh Kumar. The reply was filed by the petitioner to the application vide Annexure P-15. Learned Civil Judge (Junior Division) allowed the application preferred by respondent No.1 Santosh Kumar under section 151 of the Code of Civil Procedure and rejected the application preferred by the petitioner under section 10 of the Code of Civil Procedure.

(3.) I have heard the learned counsel for the parties and have perused the pleadings carefully.