SANJAY KUMAR SINGH AND ORS. Vs. MANAGER SINGH

JUDGEMENT

(1.) This application has been filed by the petitioners for quashing the order dated 23.01.2019 passed by the learned Munsif, Areraj, East Champaran in Title Suit No.3A of 2016 whereby the application filed by the petitioner on 16.07.2018 under Section 10 of the Code of Civil Procedure (for short 'CPC') for stay of the suit has been rejected.

(2.) Learned counsel for the petitioners submitted that the order impugned passed by the learned Munsif is arbitrary, mala fide and against the provision of law. He contended that the same has been passed without judicial application of mind in clear violation of law. According to him, the learned Munsif has totally ignored the fact that though respondent had filed eviction suit first and then the petitioner filed partition suit before the Sub-Judge, Areraj for the same property but only after filing of the partition suit the private respondent filed petition for converting eviction suit into title suit. He contended that the court below ought to have allowed the application filed by the petitioner under Section 10 of the CPC and stayed the suit.

(3.) The short facts of the case are that the petitioners are cousin of the respondents. Initially, respondent had filed Eviction Suit No. 3 of 2016 impleading the petitioners as defendants. Thereafter, the petitioners filed Partition Suit No. 66 of 2016. Subsequently, eviction suit was converted into Title Suit No. 3A of 2016 whereafter the petitioners filed an application on 16.07.2018 for stay of the suit under Section 10 of the CPC, which has been rejected vide impugned order dated 23.01.2019.