9911796707
TMI Blog1967 (5) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 2 in the suit. 2. It appears that suit No. 12 of 1057 was stayed under Section 10 C. P. C. by the Civil Judge during the pendency of F. A. No. 207 of 1957 in this Court inasmuch as the matter in issue in the present suit was also directly and substantially in issue between the parties in the said First Appeal. It was said that the Civil Judge had no jurisdiction to entertain an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he argument is without substance and cannot be accepted for a moment. The object underlying the provisions of Section 10 C. P. C. is to prevent simultaneous trial of two suits in which the matter In issue between the parties is directly and substantially the same. An interlocutory order in the nature of issue of injunction, or appointment of a receiver, or an order of attachment before judgment ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dates for the hearing of the suit unless moved to do so by either party. In that case in spite of the fact that the suit had been stayed the Civil Judge fixed a date for the hearing of the suit. On the date fixed the plaintiff failed to appear and the learned judge dismissed the suit. It was held by the Lahore High Court that the order was without jurisdiction. I am in respectful agreement with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that power to order amendment under Order VI, Rule 17 is not within the extension. The Supreme Court overruled the objection, holding that the provisions of Chapter III read as a whole ally showed that 'trial' was used as meaning the entire proceedings before the tribunal from time when the petition was transferred to it under Section 86 until the pronouncement of the award. After discu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s contained in Chapter III of the said Act and the analogy could not be extended to a suit which has been stayed under Section 10 of the Civil Procedure Code. 7. I am of the view that an amendment impleading a party to the suit does not in any way determine rights or liabilities of the parties to the suit, nor is it a matter relating to the trial of the suit. Consequently the order of the Civil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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