Dharmpal Sinha, J.

1. In this petition filed under Sec.115 of the Code of Civil Procedure (for brevity the Code) the petitioner (The State of bihar through the Secretary-cum-Commissioner, Department of Water resources, Government of Bihar, patna) has questioned the legality of the order dated 24.11.1995 passed by the learned Sabordinate Judge VII, Patna, in Money Suit No.77 of 1993, whereby he has stayed, on a petition filed by opposite party No.1 (defendant No.2 in the money suit) under Sec.151 of the Code, the further proceeding of the suit against opposite party No.1 till the disposal of a criminal case bearing special case No.60 of 1994, which is pending before the Special Judge, Vigilance, south Bihar, Patna, awaiting submission of final form.

2. The back ground facts leading to the passing of the impugned order may briefly be stated as follows: Opposite party No.1, Ram Lakhan Singh, an officer of the Bihar Administrative service, was posted on deputation as deputy Collector, Revenue Administration, Patna Division of the Water resources Department from April, 1984 to October, 1983 and Opposite party no.2, Rama Shankar Prasad Sinha was then posted as the Cashier. On 5/1