VISHWA MOHAN KUMAR CHOUDHARY Vs. YATINDRA NARAYAN CHOUDHARY

JUDGEMENT

(1.) Heard the parties. The present Interlocutory Application has been filed by the defendants 1st party-petitioners herein with a prayer for staying the further proceeding in Title Suit No. 103 of 1991 pending in the Court of learned Sub-Judge-IV, Darbhanga.

(2.) While notices were issued upon the opposite parties by a Bench of this Court by order dated 27.8.2010, interim order of stay was passed till final disposal of the present interlocutory application. In view of aforesaid order dated 27.8.2010, the plaintiff-Opposite Party No. 1 herein, has entered appearance and has filed a counter affidavit in the present interlocutory application praying therein that the interim order of stay granted by a Bench of this Court by order dated 27.8.2010, be vacated. In the counter-affidavit, it has been specifically pointed out that one Ram Udar Choudhary-petitioner no. 3 herein had earlier filed C.R. No. 905 of 1992 before this Court raising a grievance with respect to an order dated 23.7.1992 passed in the aforesaid Title Suit No. 103 of 1991. The aforesaid Civil Revision No. 905 of 1992 was disposed of by a Bench of this Court by order dated 12.11.1992 with a direction to the trial court that the suit itself be decided expeditiously, preferably within a period of six months from that date. Operative part of the order dated 12.11.1992 passed in C.R. No. 905 of 1992 is reproduced hereinbelow:-

(3.) Learned counsel for the petitioners submits that since the suit itself was not maintainable, therefore, petition filed on their behalf on 5.9.2009 under Order 7 Rule 11(d) of the Code of Civil Procedure should have been allowed by the learned Trial Court but erroneously same has been rejected by an order dated 23.4.2010 by the learned trial court, against which the present civil revision has been filed. Learned counsel for the petitioners in support of his contention has placed reliance on a judgment of this Court in the case of Gurucharan Singh and Ors. vs. Mahatam Singh & Ors., 2006 3 PLJR 345.