JUDGMENT - MANOHARAN, J. :---The applicant in this revision is the defendant in Civil Suit No. 26 of 1990 which was instituted by the non-applicant for recovery of damages for defamation. In the meanwhile, the non-applicant/plaintiff also instituted a criminal prosecution under section 500 of Indian Penal Code for defamation. Therefore, in the civil suit the defendant - applicant herein- filed an application under section 151 of Code of Civil Procedure for stay of the suit till the disposal of the criminal case instituted by the plaintiff-non applicant. By the impugned order the learned 4th Joint Civil Judge, Sr. Dn., Akola, dismissed the application. Aggrieved by the same, the defendant has preferred this revision.

2.The learned Counsel, Shri Shelat, on behalf of the applicant has submitted that the very conclusion reached by the learned Judge is opposed to the accepted precedent and, therefore, is liable to be reversed. The learned Counsel submitted that these two matters since rest on the same set of facts and in the civil proceedings since the applicant is to file a written statement revealing his defence and give evidence, the same would cause prejudice to the applicant who is

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