Shivendra Pal vs Yudhister Pal - 2022 Supreme(P&H) 1490

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2022 Supreme(P&H) 1490

MANJARI NEHRU KAUL
Shivendra Pal – Appellant
Versus
Yudhister Pal – Respondent

Advocates Appeared:
Mr. Gurminder Singh, Sr. Advocate with Mr. Nikhil Sabharwal, Advocate for the petitioner. Mr. Ankit Kaushal, Advocate for respondents No.1 and 5 to 7. Mr. Vikas P. Singh, Advocate for respondents No.2, 15 and 16

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JUDGMENT

Manjari Nehru Kaul, J. (Oral) - The petitioner is impugning the order dated 03.12.2019 (Annexure P-19) passed by learned Civil Judge (Jr.Divn.), Panchkula whereby his application dated 11.03.2019 (Annexure P-18) filed under Section 151 of the Code of Civil Procedure, 1908 (for short, 'the Code') filed under Section 151 of the Code for deciding his application under Order 39 Rules 1 and 2 of the Code (Annexure P-17) was dismissed on the ground of it having been rendered infructuous.

2. Learned senior counsel appearing for the petitioner vehemently contends that the impugned order suffers from patent illegality and is contrary to the settled position of law pertaining to stay of suit under Section 10 of the Code.

3. Learned senior counsel for the petitioner has argued that the Trial Court while dismissing the application under Order 39 Rules 1 and 2 of the Code erred in observing that it had been rendered infructuous by failing to appreciate that there was no bar on the powers of the Trial Court to entertain

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