AHILYA DEVI Vs. SACHINDRA KISHORE PRASAD SINGH

JUDGEMENT

(1.) THIS civil revision has been filed by defendant -petitioner challenging order dated 29.01.2005 by which the learned Subordinate Judge, 6, Samastipur, rejected his petition for stay of Partition Suit No. 166 of 2003 till the disposal of Partition Suit No. 108 of 2003 pending in the court of Subordinate Judge, 6, Samastipur.

(2.) THE aforesaid Partition Suit No. 166 of 2003 was filed by the plaintiffs -Opposite Parties 1st Set for partition of their half share in the suit properties of Samastipur and Patna and also for declaration that the sale deed dated 20.01.2003 executed by defendant No. 1 (original petitioner) in favour of defendant No. 5 was illegal, fraudulent, void, inoperative and not bin ling on the plaintiffs and also for cancelling the same and for other ancillary reliefs. It transpires that defendant No. 1 -petitioner appeared in he suit and filed a petition dated 17.12.2004 for stay of proceeding of the aforesaid suit (P.S. No. 166 of 2003) till the disposal of the earlier Partition Suit No. 108 of 2003 claiming that Partition Suit No. 108 of 2003 was filed by him -for partition of the same lands of Samastipur which are involved in the subsequent Partition Suit No. 166 of 2003 and all the parties of the previous Partition Suit No. 108 of 2003 were parties to the subsequent partition suit.

(3.) FROM the averments made by the learned Counsel for the parties and the materials on record, it is quit; apparent that all the parties in previous Partition Suit No. 108 of 2003 are parties to the subsequent Partition Suit No. 166 of 2003, whereas some of the parties in the subsequent suit are not parties to the previous suit, but they are none -else than the successors in interest of defendant No. 1 who was already plaintiff in the previous suit.