Vineet Kothari, J. - (1.) Heard learned counsels for the parties.
(2.) The petitioners (sub-tenants), namely, Mohammed Sadiq and Gulab Rasool have approached this Court against the order dt. 28.03.2006 whereby the learned trial Court allowed application under Sec. 10 of CPC and stayed the subsequent suit No. 30/95 (Sadiq v. Madan Qiand). Since, the respondent No. 2 Madan Chand had already filed a eviction suit against the respondent No. 3 Laxman Das, which was pending before the learned trial Court viz. Civil Suit No. 21/95.
(3.) The learned appellate Court while setting aside the earlier eviction decree had directed the trial Court to impload the present sub-tenants, petitioners herein, as defendants No. 2 and 3 and in the eviction suit No. 21/ 95 (Madan Chand v. Laxman Das & Ors.), in which suit, the present two petitioners (sub-tenants), namely, Mohammed Sadiq and Gulab Rasool had been impleaded as defendants and they had also filed written statement with cross-objections. The present and subsequent suit being Civil Suit No. 30/95 sought merely the declaration that they should be declared as tenants of landlord - Madan Chand.;