Allahabad High Court
Ratan Singh vs Musaddi Lal And Ors. on 20 July, 1972
Equivalent citations: AIR1972ALL473, AIR 1972 ALLAHABAD 473
ORDER T.S. Misra, J.
1. The defendant has filed this revision against the order of the Additional Munsif staying the suit subject to the condition that the defendant No. 1 should deposit the arrears of rent claimed. It was urged that Section 10, Civil Procedure Code does not provide for imposition of any condition while granting the stay of the suit and as such the Court below had no jurisdiction to order the applicant to deposit the arrears of rent claimed in the suit There is substance in this argument. The provisions of Section 10, Civil Procedure Code are explicit and if the conditions mentioned therein exist, the Court has not to deal with the later suit and shall not proceed with the trial thereof. Once those conditions are fulfilled, the operative part of the section springs into action and the trial of the later suit has to be stayed. It is not thereafter possible for the Court to impose any condition for staying the suit. If the case is covered by Section 10, Civil Procedure Code, no discretion is left to the Court in the matter ordering stay of the trial and the Court cannot insist upon the fulfilment of any condition for bringing into effect the provisions of Section 10, Civil Procedure Code. The operation of the stay cannot be made contingent upon fulfilment of any other condition which the court thinks to impose.
2. In these circumstances, the order of the Court belqw imposing the condition on the defendant No. 1 to deposit the arrears of rent claimed by the plaintiff in the suit while staying the trial of the suit, was without jurisdiction.
3. In the result, the revision is allowed with costs. The impugned order is modified to the extent that the defendant No. 1 shall not deposit the arrears of rent claimed. The trial of the suit will remain stayed as prayed.