Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
CASE NO.:
Appeal (civil) 1866 of 2008
PETITIONER:
Niyaz Ahmed
RESPONDENT:
Aslam Hossain and Anr
DATE OF JUDGMENT: 10/03/2008
BENCH:
B.N. AGRAWAL & G.S. SINGHVI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.1866 OF 2008
(Arising out of S.L.P. (C) No.15477 of 2006)
Heard learned counsel for the parties.
Leave granted.
It appears that the Trial Court, by its order dated 13th September, 2005,
stayed further proceeding of Title Suit No.48 of 2003 till the disposal of Title Suit
No.163 of 2001. Thereafter, on 19th November, 2005, suo motu, the aforesaid order of
stay was vacated. When the appellant made a prayer for time to move the High
Court challenging the said order, the same was refused and on 1st December, 2005, ex-
parte decree was passed, which has been confirmed by the lower appellate court as
well as by the High Court. Hence, this appeal by special leave.
In the facts and circumstances of the case, we are of the view that both the
suits ought to have been tried together and Trial Court was not justified in passing
the order of stay on 13th September, 2005, suo-motu vacating the same on 19th
November, 2005, and other consequential orders.
....2/-
- 2 -
Accordingly, the appeal is allowed. The aforesaid orders passed by the
Trial Court on 13th September, 2005 and 19th November, 2005 and ex-parte decree
passed in Title Suit No.48 of 2003 and orders confirming the same passed by the lower
appellate court as well as by the High Court are set aside and the matter is remitted to
the Trial Court to dispose of both the suits together.
We have been told that Title Suit No.163 of 2001 is pending before the Civil
Judge (Senior Division) whereas Title Suit No.48 of 2003 is pending before Civil
Judge (Junior Division). The concerned District Judge is directed to club both the
suits so that both of them may be tried together.
Let hearing of the suits be expedited.