Babu Deen S/O. Gulam Rasul v. Mahboob Ali S/O. Rehman
2003-03-03
S.K.KESHOTE
body2003
DigiLaw.ai
JUDGMENT 1. - The plaintiff-petitioner directed this revision petition under section 115 of the CPC, 1908 against the order dated 20.3.1997 of the learned Additional Civil Judge (JD) No. 2. Hindauncity. Under this order the learned trial court has allowed the application filed by the defendant non-petitioner under section 10 of the CPC staying the proceedings of the Civil Suit No. 90/1996. The old number of the suit is 21/83. 2. Heard the learned counsel for the defendant-non-petitioners and gone through the order of the learned trial Court. It is difficult to reconcile two parts of the impugned order. In the last but one paragraph of this order the learned trial Court ordered for consolidation Of two suits but in the second part it has stayed the proceedings of the suit out of which this revision petition arises. Looking to the fact that both these suits are of the year 1983 and the defendant-non petitioners have not cared to file the application for stay of the suit till 11.3.1987, it would have been better to consolidate these two suits and decide the same at an early date. Where both the suits are to be consolidated I am satisfied it will not cause any prejudice or irreparable injury to the plaintiff-petitioner. 3. Though in this revision petition no interference is made and the same is dismissed, but the plaintiff petitioner is free to apply for modification of the later part of the order and for consolidation of these suits and to try together. In case such an application is filed the learned trial Court is to consider the same in the light of the observations made in this order. Otherwise also learned trial Court has to decide the suit of which the to proceedings are not stayed within a period of six months from the date of the receipt of the copy of this order. No order as to costsRevision Dismissed. *******