RAJ KUMAR CHAUHAN Vs. BRAJESH KUMAR SINGH

JUDGEMENT

(1.) RESPONDENT No.1 -petitioner, aggrieved by the order dated 13.3.2006 passed by the Subordinate Judge 1st, Supaul in Miscellaneous Case No. 2 of 2005 refusing to stay the said case till the disposal of Title Suit No. 19 of 2002 pending in the Court of Subordinate Judge 4th, Supaul, has preferred this application. Short facts giving rise to the present application are that Brajesh Kumar Singh, opposite party no. 1 herein, filed application under Sec. 22 of the Hindu Succession Act, inter alia, praying for a direction to Raj Kumar Chauhan, the petitioner herein, for executing sale deed in respect of the property mentioned in the application on receipt of the consideration money. Said Brajesh Kumar Singh earlier to that had filed Title Suit No. 19 of 2002, impleading the petitioner herein as defendant no. 18 inter alia praying for partition of his half share in Schedule I and 1/4th share in Schedule II property.

(2.) Relief added by way of amendment is to direct defendant no. 18 of the suit to execute the sale deed after receipt of the consideration money in respect of Schedule IV property, which is the subject matter of the Miscellaneous case.

(3.) PETITIONER filed application for stay of the Miscellaneous case under Section 10 of the Code of Civil Procedure, hereinafter referred to as the Code. By reason of the impugned order, said prayer has been rejected holding that Miscellaneous application under Sec. 22 of the Hindu Succession Act does not come within the expression "suit" as mentioned in Section 10 of the Code and as such it cannot be stayed under that provision.