DWARKA PRASAD, J.— An interesting question regarding the interpretation of Section 10 of the Code of Civil Procedure arises in this revision petition as to the meaning and contents of the expression "the trial of any suit."

2. The undisputed facts are that the landlord non-petitioner filed a suit for ejectment against the petitioner tenant on December 6, 1977 in the court of Munsif, Shri Ganganagar, which was transferred to the Court of Additional Munsif Sri Ganganagar. In that suit, a decree for ejectment and for recovery of arrears of rent was passed against the petitioner on February 27, 1981. The petitioner preferred an appeal against the aforesaid decree and the said appeal is still pending in the court of District Judge, Shri Ganganagar.

3. Earlier to the filing of the suit for ejectment the petitioner had filed a suit on November 28, 1977 in the court of Munsif, Shri Ganganagar seeking a declaration to the effect that the petitioner-tenant could not be dispossessed from the premises in dispute without the process of law. In that suit, the tenant petitioner claimed that he was a tenant of two rooms and a court yard on a monthly rent of Rs 40/-. This suit has also been transferr

Click Here to Read the rest of this document