GOTAM AND COMPANY, CHITTORGARH, THROUGH ITS MAUFIDARS LEGL REPRESENTATIVE OF HARAK LAL Vs. THE ADDITIONAL CIVIL JUDGE (SR. DN.) NO.1, CHITTORGARH AND OTHERS

JUDGEMENT

(1.) The present writ petition is directed against the order dated 17.11.2017 passed by learned Additional Civil Judge(Sr. DN.) No.1, Chittorgarh (hereinafter referred to as 'the Trial Court').

(2.) The facts in nutshell giving rise to the present writ petition are that in a suit filed by the plaintiff, against the present petitioner as back as in the year 1981, the petitioner moved an application on 20.09.2017, under Section 10 of the Code of Civil Procedure, inter alia contending that the suit proceedings in question be kept in abeyance till decision of the appeal pending in High Court, against the judgment and decree dated 09.03.2000 duly affirmed by the Additional District Judge, Chittorgarh, vide its order dated 21.03.2006.

(3.) The aforesaid application filed by the petitioner came to be rejected by the learned Trial Court vide its order dated 17.11.2017, inter alia observing that the present suit proceedings have been instituted on 02.01.1981, whereas the appeal pending before High Court emanated from a suit instituted on 30.01981, subsequent to the present suit proceedings. While relying upon the plain language of Section 10 of the Code of Civil Procedure, learned Trial Court rejected petitioners' application vide order impugned.