SUSHILA MEHTA Vs. CHANDRAKALA

JUDGEMENT

(1.) HEARD at admission stage.

(2.) THE petitioner-defendant has filed the present writ petition under Article 226/227 of the Constitution of India on 8. 12. 2003 against the respondents with a prayer that by an appropriate writ, order or direction, the order dtd. 3. 1. 1997 (Annex. 3) passed by the respondent No. 2 (Additional Civil Judge (Junior Division) No. 5, Jodhpur, by which the application filed by the defendant-petitioner under Section 151 C. P. C. by which a prayer was made that since the defendant-petitioner had filed an interpleader suit against the respondent No. 1 (Smt. Chandrakala) and 8 others, therefore, till decision of that suit, the present suit No. 531/1993 pending in the Court of Additional Civil Judge (respondent No. 2) be stayed was rejected, be quashed and set aside.

(3.) THE respondent No. 2 (Additional Civil Judge) vide his order dtd. 3. 1. 1997 (Annex. 3) dismissed the application inter alia holding that since the present suit was for eviction on the ground of default, therefore, the matter pertains to land-lord and tenant and such type of suit should not be stayed on the ground of filing of interpleader suit.