VIJENDER PAL Vs. KRISHAN DASS

JUDGEMENT

(1.) The petitioners (defendants before the learned Trial Court) have filed the present petition under Article 227 of the Constitution of India seeking a direction to the learned Civil Judge, Jhandutta, District Bilaspur (learned Trial Court) not to proceed further in Civil Suit No. 278/1 of 2000, which was fixed for 14/1/2022 for arguments as the Regular Second Appeal, which is the outcome of the previous suit, is pending adjudication before this Court. It has been asserted that petitioners/defendants filed Civil Suit No.251/1 of 2004/2000 before the learned Trial Court. Respondent/plaintiff subsequently filed a Civil Suit No.278/1 of 2000 on the same matter. The suit filed by the petitioners/defendants is pending adjudication before this Court in RSA No. 4106 of 2013. This Court had ordered the stay of the proceedings in the suit filed by the respondents/plaintiffs pending before learned Civil Judge, Senior Division Court No.1, Ghumarwin vide order dtd. 14/3/2013 passed in CMPMO No. 270 of 2012 titled Vijender Chandel and ors. versus Sukh Ram and ors. The Court of Civil Judge, Senior Division, Court No.1, Ghumarwin, had also stayed the Civil Suit filed by the respondents/plaintiffs vide order dtd. 18/4/2012. The learned Trial Court took the civil suit filed by the respondents/plaintiffs for hearing and fixed it for arguments on 14/1/2022 even though the matter in the previous suit filed by the petitioners/defendants is pending before this Court in the RSA No. 4106 of 2013. The appeal is a continuation of the suit. The petitioners/defendants approached this Court by filing CMPMO No. 552 of 2018 titled Vijender Chandel and others versus Sukhram, which was decided on 11/9/2019 and liberty was granted to the petitioners/defendants to move an appropriate application under Sec. 10 of CPC before the learned Trial Court. The petitioners/defendants approached the learned Trial Court seeking the stay of the civil suit; however, the application was dismissed by the learned Trial Court vide order dtd. 18/12/2021 and the suit was posted for addressing the arguments on 30/12/2021. Learned Trial Court failed to notice the order passed by this Court in CMPMO No. 270 of 2012 and in this manner, failed to exercise jurisdiction vested with him. Therefore, it was prayed that the present petition be allowed, the order passed by the learned Trial Court be set aside and the suit be stayed till the pendency of the Regular Second Appeal.

(2.) I have heard Mr. Arun Kumar, learned counsel for the petitioners and Mr. Jeet Ram Poswal, learned counsel for the respondents.

(3.) Mr. Arun Kumar, learned counsel for the petitioners/defendants submitted that the learned Trial Court erred in deciding to proceed further with the suit filed by the respondents/plaintiffs. This Court has already held in CMPMO No. 270 of 2012 that the suit filed by the respondents/plaintiffs cannot proceed because of the earlier suit having been filed by the petitioners/defendants. The learned Trial Court had also stayed the proceedings in the suit filed by the respondents/plaintiffs vide order dtd. 18/4/2012. The proceedings in the civil suit filed by the petitioners/defendants have not been terminated since RSA no. 4106 of 2013 is pending before this Court and the appeal is the continuation of the proceedings. Learned Trial Court erred in deciding to proceed further with the suit of the respondent/plaintiff. Therefore, he prayed that the present petition be allowed and the order passed by the learned Trial Court be set aside.