MATIA DEVI Vs. MASANI DEVI

JUDGEMENT

(1.) This is a plaintiff's application whereby she challenges an order passed under Section 10 of the Code of Civil Procedure (hereinafter to be referred to as the Code), on an application filed by the defendants -opposite, staying further proceedings of the suit in question on the ground of pendency of a probate case.

(2.) Notices were issued to the opposite parties, pursuant to an order dated 25 -9 -1989 to show cause as to why an appropriate final order be not passed in this case at the stage of admission itself. From the office notes, it is clear that notices have been validly served on them under Order V Rule 19(A) -2 of the Code. No one, however, appears on their behalf.

(3.) Heard Mr. Alok Kumar Sinha, learned Counsel for the petitioner, who submits that probate case No. 5 of 1988 having been filed about three years after the institution of the instant suit in which question of title of the parties cannot be gone into decided, the court below, has exceeded its jurisdiction in staying further proceedings of the instant suit till the decision of the, said probate case on the solitary ground that it would be just and proper to do so. He further submits that the instant suit being an old one and the findings recorded on the question of title, if any, of the parties decided in the probate case not being binding on the petitioner, the court below has illegally invoked its inherent jurisdiction by stating that it would be just and proper to stay proceedings of the instant suit till the disposal of the probate case.