UDAI RAJ Vs. FIRM SATNAM TRANSPORT CO.

JUDGEMENT

(1.) THIS is a plaintiff's revision against the order of the learned Munsif & Judicial Magistrate No. 2 Jodhpur, dated 5.8.1985 by which he has stayed the proceedings of the suit till the disposal of another suit previously filed by the plaintiff against the same defendants.

(2.) I have heard the learned counsel for the parties.

(3.) WHILE this suit was pending, the plaintiff filed another suit before the learned Addl. Munsif and Judicial magistrate No. 2, Jodhpur asking for ejectment of the defendant on the ground that the defendant had denied the plaintiff's title and was liable to ejectment under Section 13(1) of the Rajasthan Premises (Control of Rent and Eviction) Act, (hereinafter called 'the Act'). In this suit, the defendant denied the fact that he had denied the plaintiff's title in the earlier suit and on this an issue was framed it the effect whether the defendant had denied the plaintiff's title in the earlier suit and, therefore, was liable to ejectment under Section 13(1)(f) of the Act. The plaintiff's evidence in this suit was over and while the case was pending for the defendant's evidence, the defendant after a few adjournments, moved an application under Section 10 read with Section 151 CPC praying for the stay of the proceedings of the later suit on the ground that the suit was between the same parties and involved substantially the same question as in the earlier suit. The plaintiff contested this application and after hearing the parties, the learned Munsif directed stay of the proceedings of the later suit by his order dated 5.8.1985. Hence this revision.