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1986 Supreme(Pat) 321

S.S.SANDHAWALIA, S.K.JHA
N. P. Tripathi – Appellant
Versus
Dayamanti Devi – Respondent


Judgment

S.K.JHA, J.

1. This revision application is directed against the order dated 17-1-1985 passed by the 1st Additional Munsif, Patna in Title Suit No. by the defendant in the action. By the impugned order the trial court has rejected the prayer of the defendant-petitioner that further proceedings in the suit should remain stayed till the decision of Title Suit No. 360/82, on an application made by the petitioner under S.10, Civil P.C., (hereinafter referred to as the Code). This case was referred by a learned single Judge of this Court to a Division Bench for an authoritative decision on the point that in the circumstances of the case even if it be held that the provisions of S.10 of the Code do not apply, inherent powers of the court can be invoked under S.151 of the Code. Hence this case before us.

2. If the provisions of S.10 of the Code squarely cover the point debated at the Bar, this application has to be allowed. If, on the contrary, it be held that there is no scope for attracting the provisions of S.10 then only a question arises as to whether in such cases the inherent powers of the Court under S.151 of the Code can be invoked treating them as exception to the genera













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