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2008 Supreme(Del) 1199

SHIV NARAYAN DHINGRA
VIPIN JAIN – Appellant
Versus
YOGESH JAIN – Respondent


Advocates appeared:
Mr. Ashish Bhagat with Mr. Abdesh Chaudhary and Ms. Prerna, Advs.
Mr. B.S. Chauhan, Adv.

JUDGMENT:

1. By this petition, the petitioner has assailed an order of learned ADJ whereby an application of the petitioner under Section 151 for stay of suit pending before the ADJ was dismissed.

2. The brief facts relevant for purpose of deciding this petition are that the petitioner was involved in a criminal case under Section 326 of IPC and an FIR bearing no. 18/2005 was registered against the petitioner. The incident involved throwing of sulphuric acid on the respondent which caused disfigurement and severe bodily injuries. The respondent also filed a criminal complaint regarding this incident under Sections 307/326/328/201/120-B/506 read with Sections 190 and 200 of Cr.P.C. in the Court of MM. The criminal case as registered against the petitioner as well as the criminal complaint are at the stage of evidence.

3. The respondent filed a civil suit against the petitioner and others claiming damages of Rs. 12 lacs for dis-figuring his face and right side of the body, and for damaging right eye and right ear by throwing sulphuric acid mixture with toxic chemical solution. When the suit came up for hearing, the petitioner did not file WS and moved an application under Order 7 Rul











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