Application for Stay in Civil Suit Rejected: Court’s Legal Analysis

Challenge in this appeal by special leave is to the judgment dated October 26, 2007, rendered by the High Court of Madhya Pradesh, Bench at Gwalior in Writ Petition No 5073 of 2007, by which the order dated July 23, 2007, passed by the learned IVth Additional District Judge, Gwalior in Civil Suit No 35-A of 2006 rejecting the application filed by the appellant under Section 10 of the Code of Civil Procedure to stay the suit, is confirmed. It is claimed in the plaint that on coming to know about the same, the plaintiff and Shankar Lal filed objections, which were allowed by order dated September 11, 1954 and a direction was given by Tehsildar to record the names of three brothers, i.e., the plaintiff, the appellant and Shankar Lal in revenue records, as far as the suit property is concerned. According to the plaintiff, initially the Board had granted stay of the order passed by the Additional Commissioner, Gwalior Division, Gwalior but on application being filed by him, the said order was modified and the appellant was restrained from transferring the disputed property to any one in any manner.

It is mentioned in the plaint that Shankar Lal had filed a suit for partition against the original plaintiff as well as the appellant in the Court of the learned Additional District Judge, Gwalior, wherein it was held that the Will propounded by the appellant was forged one. The said application was rejected by the Trial Court on July 12, 2006 and, therefore, the appellant had filed revision petition No. While rejecting the application filed under Order 7 Rule 11 CPC, it was noticed by the trial court that the suit filed earlier was at the stage of recording of evidence and the application under Order 7 Rule 11 CPC was filed to delay the proceedings of the suit. Having regard to the reasons, which were indicated by the trial court in the order dated July 12, 2006, this Court finds that the High Court was justified in not entertaining the prayer of the appellant made under Section 10 of the Code of Civil Procedure.

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Case Number: C.A. No.-008408-008408 / 2009

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