CHAGALA KUMAR PANIGRAHI Vs. UJJAL SENAPATI

JUDGEMENT

(1.) The defendants in a pending suit have filed this revision against the order of the trial court refusing to stay the further, proceedings of the suit.

(2.) The facts giving rise to the filing of the present civil revision are as follows : The opposite parties 1 to 4 have filed M.S. No. 59 of 1996 in the court of Civil Judge (Sr. Divn.), Dhenkanal, claiming Rs. 8,46,000/- as compensation on the ground that the defendants had killed the son of opposite party No. 1. The present petitioners who are the accused persons in G.R. Case No. 66 of 1995 and facing trial under Section 302/34, IPC, after appearance in the said suit filed an application for staying the further proceeding of the suit on the ground that the suit should be stayed till disposal of the criminal case. The said application having been dismissed by the trial court by placing reliance upon the decision of the Supreme Court, reported in State of Rajasthan v. M/s, Kalyan Sundaram Cement Industries Ltd. & Ors. the present civil revision has been filed.

(3.) It has been contended by the counsel for the petitioners that since the petitioners are facing a serious charge in a criminal case, they would be highly prejudiced if they are forced to disclose their stand in the civil suit by filing written statement and contesting the suit oh merit and, as such, in the interest of justice the further proceeding of the suit should be stayed.