RAM DASS Vs. SUBHASH BAKSHI

JUDGEMENT

(1.) This is a revision petition directed against an order of the trial court under Section 10 of the Code of Civil Procedure staying the proceedings in a suit.

(2.) The respondent wife has filed a suit before the learned District Judge, Ludhiana praying for a decree for judicial separation against the petitioner husband under Section 10 of the Hindu Marriage Act. The petitioner thereafter filed a suit before the learned Senior Subordinate Judge, Mandi for a declaration that the parties are not husband and wife. During the pendency of the suit the wife applied under Section 10 of the Code of Civil Procedure for stay of proceedings in the suit on the ground that a previously instituted petition for judicial separation between the same parties was pending in the District Court at Ludhiana and the subject-matter of that suit was substantially the same as in the present suit. The learned Subordinate Judge has allowed the application and stayed the suit pending before him. The husband now applies in revision to this Court.

(3.) The revision petition has been filed under paragraph 35 of the Himachal Pradesh (Courts) Order, 1948. Having regard to the grounds taken, it is plainly a petition under paragraph 35 (1) (a) of the Order.