PURSHOTTAM VISHNOI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner Purshottam Vishnoi has beseeched to quash and set-aside the order dated 7th September, 2011, whereby the learned Additional District Judge No.2, Jaipur Metropolitan, Jaipur dismissed the application of the petitioner filed under Section 10 CPC.

(2.) ADUMBRATED in brief, the facts of the case are that the respondent no.2 Mohd. Rafiq Khan and respondent no.3 Keshar Hassan Khan jointly filed a suit for restoration of possession against the petitioner-defendant. This suit has been pending in the court of Additional District Judge No.2, Jaipur Metropolitan, Jaipur. During the pendency of the suit, the petitioner filed an application under Section 10 of CPC stating that there is one more suit, which came to be filed by Mukhtar Hassan Khan, Shuaib Khan and Keshar Hassan Khan against Waqf Board and other parties. Since the parties in both the suits are common and the matter in issue is also directly and indirectly common in both the suits, the proceedings of the later suit be stayed U/s. 10 of CPC. The learned trial court, having heard both the parties, dismissed the application, as indicated here-in-above.

(3.) I do not find any perversity or illegality in the impugned order and thus, the writ petition being devoid of any substance deserves to be dismissed at the threshold, which stands dismissed accordingly.