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1998 Supreme(P&H) 256

SAT PAL
Ishwar Devi – Appellant
Versus
Sham Sunder – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjiv Gupta, Advocate.
For the Respondent:Mr. Ashish Aggarwal, Advocate.

JUDGMENT

Sat Pal, J. - This petition has been directed against the order dated 2nd April, 1997, passed by Civil Judge (Senior Division) Karnal. By this order, the learned Civil Judge has dismissed the application filed on behalf of co- plaintiff Ishwar Devi (being LR of plaintiff Savitri Devi) under section 151 CPC for stay of the earlier suit filed on 29th Sept. 1995, in which the plaintiffs were respondent Sham Sunder and deceased Savitri Devi. Notice of this petition was issued to the respondents.

2. Mr. Gupta, learned counsel appearing on behalf of the petitioner has drawn my attention to Order 20, Rule 18, CPC and submits that since the case relates to the partition of the immovable property and the partition of the house in question cannot be conveniently made without further inquiry, the previous suit should be stayed. In support of his submission, the learned counsel has placed reliance on a judgment of the Supreme Court in Shankar Balwant Lokhande (Dead) by LRs. v. Chandra Kant Shankar Lokhande, 1995(2) RRR 304. He further submits that in any case, keeping in view the facts and circumstances of the case, both the suits should be consolidated. In support of this submission,





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