Jyotirmay Bhattacharya, J. - (1.) The plaintiff/opposite party No. 1 filed a criminal proceeding under section 156(3) of the Code of Criminal Procedure before the learned ACMM, Calcutta complaining that certain documents were created by forgery by the defendant Nos. 1 and 2 in connivance with the defendant Nos. 3 to 7. A charge sheet has already been framed in the said criminal proceeding and the said proceeding has since been transferred for trial to the Court of the learned Judge, 4th Bench of the Metropolitan Magistrate, Calcutta.
(2.) The plaintiff/opposite party has also filed a suit, inter alia, praying for a declaration that those purported documents were created by forgery by the defendant Nos. 1 and 2 in connivance with the defendant Nos. 3 to 7. Several other incidental reliefs have also been prayed for in the said suit.
(3.) In the said civil suit, the defendant Nos. 4 and 5 filed an application, inter alia, praying for stay of further proceeding of the civil suit till the disposal of the criminal proceeding as the issue regarding creation of those documents by forgery is common in the civil suit as well as in the criminal proceeding.;