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TMI Blog1937 (9) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed by his predecessor staying a suit pending before him. The stay was ordered under Section 7, Encumbered Estates Act as the defendants had represented to the Court that they had applied to the Collector under Section 6 and that their application had been forwarded to the Special Judge. The suit has been brought by the plaintiff, appellant for three reliefs : (1) for possession, (2) mesne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to pay ₹ 4000 as damages. It is alleged in the plaint that the defendants failed to give possession in terms of the agreement. It is also alleged that the defendants did not pay the sum of ₹ 2500 which they had stipulated to pay as profits for 1332 Fasli, Accordingly the plaintiff claimed three reliefs, namely recovery of possession, mesne profits tentatively fixed at ₹ 4000 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lector's order under Section 6) in any Civil or Revenue Court in the United Provinces in respect of any public or private debt to which a landlord is subject or with which his immovable property is encumbered shall be stayed. The suit which has given rise to this revision, so far as the plaintiff claims the relief of possession, is obviously not one in respect of any debt. So far as it is for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 7, Encumbered Estates Act, while the third is such that the suit in respect thereof must be stayed. Any difficulty that may arise in staying a suit, so far as it is for some reliefs and not as regards the rest is, in our opinion, easily met by applying the provisions of Order 2, Rule 6, Civil P.C., which provides: Where it appears to the Court that any cause of action joined in one suit canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rest it should proceed. 5. We think that the Court acted with material irregularity in the exercise of its jurisdiction in ordering the stay of the suit in its entirety. We also think that the Court failed to exercise its jurisdiction which it undoubtedly possessed in ordering a separate trial of two sets of causes of action disclosed by the plaint. The result is that we allow this revision w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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