NARENDRA KUMAR SHARMA Vs. SAIYED MEHMOOD SHAH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is preferred assailing the legality and validity of the order dtd. 5/3/2008 passed by the learned Additional District Judge (Fast Track) No.2, Ajmer (for brevity "the learned trial Court") in Civil Miscellaneous Case No. 33/2007, (48/2004, 21/2004) whereby, an application filed by the petitioners/defendants (for short "the defendants") under Sec. 10 read with Sec. 151 CPC has been dismissed.

(2.) The relevant facts in brief are that the respondent No.1/plaintiff (hereinafter referred to as "the plaintiff") filed a suit for declaration wherein, the defendants filed an application under Sec. 10 read with Sec. 151 CPC seeking stay of the suit on the premise that an earlier suit No. 72/2003 between the parties pertaining to selfsame property is pending consideration. The application has been dismissed by the learned trial Court vide order dtd. 5/3/2008.

(3.) Assailing the impugned order, learned counsel for the defendants submits that since, in both the suits, the parties as well as the suit property are same, the learned trial Court erred in dismissing their application filed under Sec. 10 read with Sec. 151 CPC. He, therefore, prays that the writ petition be allowed, the order dtd. 5/3/2008 be quashed and set aside and the application filed under Sec. 10 read with Sec. 151 CPC be allowed.