LICHHMAN SINGH Vs. MAHAVEER SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties. By the present writ petition, the order dt. 25.08.2011 of the learned trial Court has been challenged by the petitioner -plaintiff. The petitioner -plaintiff filed an application under Sec. 10 of CPC seeking stay of his own Civil Suit No. 274/92 (117/07) -Lichhman Singh vs. Mahaveer Singh & Smt Suraj Kanwar, which was pending in the Court of learned Additional District Judge, Ratangarh, District: Churu.

(2.) THE plaintiff, Lichhman Singh claiming himself to the adopted son of late Sh. Hukam Singh, who died in the year 1992, challenged the "Will" in favour of defendant No. 2 - Smt. Suraj Kanwar (daughter of late Sh. Hukam Singh). The plaintiff -petitioner in the application under Sec. 10 of CPC submitted that the earlier Civil Suit No. 12/1991 (54/1993) Suraj Kanwar vs. Lichhman Singh pending in the Court of Civil Judge, Ratangarh, which was filed by Smt. Suraj Kanwar D/o late Sh. Hukam Singh, claiming their 'Seva -Puja' rights at 'Bheruji' temple, inter -alia, on the basis of 'Will' executed by late Sh. Hukam Singh in favour of her daughter and son -in -law, namely, Mahaveer Singh.

(3.) MR . O.P. Mehta, learned counsel for the petitioner -plaintiff submitted that the trial of these two suits in question may be consolidated and same may be assigned to the competent Court to try both the civil suits simultaneously as essentially the rights of respective parties, inter -alia, flow from the 'Will' executed by late Sh. Hukam Singh, who also adopted the present petitioner -plaintiff, Lichhman Singh under the registered -adoption deed and, therefore, rival rights of the parties can be determined while consolidating the trial.