MAGHA RAM Vs. SHANKER DAS

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 25.2.2013 passed by the Civil Judge (Jr.Div.), Suratgarh, District Sriganganagar, whereby the application filed by the petitioner under Section 10 CPC has been rejected.

(2.) ALONGWITH the suit, an application under Order XXXIX, Rule 1 and 2 CPC was filed which came to be decided by order dated 5.2.2013 and the respondent was restrained from interfering with the peaceful possession of the plaintiff.

(3.) THE application was filed by the petitioner under Sections 10, 11 and 12 CPC seeking stay of further proceedings in the suit filed by the respondent inter -alia with the averments that the subject matter and parties to the suit are same and the suit filed by the respondent is subsequent to the suit filed by the plaintiff, the same be stayed, which application came to be rejected by the trial court on coming to the conclusion that while the plaintiff has sought relief qua his plot and the defendant has sought relief qua his plot, both are different in size, ownership and neighbourhood and therefore, it cannot be said that the subject matter of the suit was one and the same.