SATNAM SINGH Vs. S.LASHKAR SINGH

JUDGEMENT

(1.) <DJG>DARSHAN SINGH,J.</DJG> (ORAL) 1. The present revision petition has been preferred against the order dated 03.03.2016 passed by the learned Civil Judge (Sr. Divn.), Jalandhar, whereby the application filed by the petitioner/defendant No.1 seeking stay of proceedings has been dismissed.

(2.) Learned counsel for the petitioner contended that the present suit has been filed by respondents No.1 to 6/plaintiffs by concealing the material facts. He contended that earlier respondents No.1 to 6/plaintiffs, Sarwan Singh and the predecessor in interest of respondents No.5 and 6 namely Sucha Singh had filed the suit against the petitioner/defendants Satnam Singh and others seeking declaration on the basis of the alleged Will dated 15.02.1996 with respect to the land in dispute. The said suit was dismissed and the Will propounded by the plaintiff was discarded. The regular second appeal in that suit is still pending before this Court. He contended that the parties, suit property and the matter in issue involved in the previous and the present suit are the same. All these facts have been concealed by the plaintiffs in the present suit. He contended that the suit of the plaintiffs/respondents is barred under Order 2 Rule 2 of Code of Civil Procedure, 1908 (for short "CPC") and the same was required to be stayed till the pendency of the regular second appeal before this Court.

(3.) I have duly considered the aforesaid contentions.