ANIL GARG Vs. DEV DUTT

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order dated 16.1.2014 passed by learned Civil Judge (Senior Division), Kasauli, District Solan in CMA No. 4/6 of 2014 in Civil Suit No. 102/1 of 2010 whereby he dismissed the application preferred by the petitioners under Section 10 of the Code of Civil Procedure.

(2.) THE defendants are the petitioners herein and had preferred an application under Section 10 read with Section 151 of the Code of Civil Procedure for stay of the suit on the ground that the matter in controversy was already the subject matter of an earlier appeal pending in the Court of learned District Judge, Solan wherein the predecessors in interest of the parties were litigating under the same title and the issue in this suit was directly and substantially in issue in the previous suit.

(3.) I have heard learned counsel for the parties and have also gone through the records carefully.