POORAN SINGH Vs. ADDL CVIL JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the parties. The instant writ petition has been filed by the petitioner for quashing the impugned order dated 13.4.07 (Annex.6) passed by Additional Civil Judge (J.D.) No.6, Jodhpur whereby an application filed under Section 10 of Civil Procedure Code was rejected.

(2.) LEARNED counsel for the petitioner submits that respondent plaintiff filed a suit for eviction on the ground of default to pay the rent and arrears. In the said suit, the petitioner defendant filed his reply so also an application under Section 10 of the C.P.C. in which it is submitted that respondent filed the present eviction suit against the petitioner defendant for the same premises and on same issue directly and substantially similar to the issue in the previous suit was filed before the trial court earlier which was decreed by compromise on 06.10.65. In the application it is pleaded that the respondent plaintiff has filed petition for execution of the judgment and decree dated 06.10.65 which is pending in the Execution court.

(3.) IN view of above, it is clear that earlier suit was in relation to Quarter No.13 and present suit is for Quarter No.10, therefore, there is no question of saying that trial court has committed any wrong while deciding the application under Section 10 of C.P.C. to stay the proceedings of present suit. Hence, the writ petition is hereby dismissed.