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K.R. Balaji Rao and ors. Vs. M.G. Natesa Chetty - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1947)1MLJ330
AppellantK.R. Balaji Rao and ors.
RespondentM.G. Natesa Chetty
Cases ReferredMakhanlal Chaudury v. Chandinath Majumdar
Excerpt:
- - for instance, if he can get the particular suit stayed under section 10 of the code of civil procedure, it would be necessary for him to adopt that remedy and where he has failed to do this court would not, in exercise of its inherent jurisdiction, direct the stay of the suit under section 151 of the code of civil procedure. if these conditions are satisfied, there can be no question that the trial of an independent suit can be stayed by this court in the exercise of its inherent powers under section 151 of the code of civil procedure in the course of other proceedings pending before it. the suit whose stay has been asked is the earlier suit which cannot be possibly stayed under section 10 of the code of civil procedure, and on the merits i am satisfied that it is in the ends of..........in law which he can seek from a competent civil court. for instance, if he can get the particular suit stayed under section 10 of the code of civil procedure, it would be necessary for him to adopt that remedy and where he has failed to do this court would not, in exercise of its inherent jurisdiction, direct the stay of the suit under section 151 of the code of civil procedure. it should further be established to the satisfaction of this court for invoking its inherent jurisdiction that the stay has to be ordered in the ends of justice or to prevent abuse of the process of the court. if these conditions are satisfied, there can be no question that the trial of an independent suit can be stayed by this court in the exercise of its inherent powers under section 151 of the code of civil.....
Judgment:
ORDER

Yahya Ali, J.

1. This is an application under Section 151 of the Code of Civil Procedure to stay the trial of O.S. No. 388 of 1943 on the file of the District Munsiff's Court of Dharmapuri pending the disposal of C.M.A. No. 517 of 1946 in this Court, On behalf of the respondent, an objection has been raised in limine that the application is not maintainable as Section 151 of the Code of Civil Procedure is not applicable and this Court has no jurisdiction to stay the trial of a suit out of which the proceeding in this Court does not arise. This contention has been negatived in a series of decisions of various High Courts--vide Ankalu Reddi v. Chinna Ankalu Reddi : AIR1944Mad161 Hukumchand Boid v. Kamalanand Singh I.L.R.(1905) Cal. 927 Nandakishore v. Ram Golam Sahu I.L.R.(1912) Cal. 955 Mulchand v. Jiwandas A.I.R. 1933 Lah. 50 Ma Kyaw v. Daw Kye A.I.R. 1935 Rang. 355 anl Makhanlal Chaudury v. Chandinath Majumdar : AIR1931Cal779 . The only limitation that can be placed upon the exercise of jurisdiction would be that the applicant for stay has no other remedy available to him in law which he can seek from a competent Civil Court. For instance, if he can get the particular suit stayed under Section 10 of the Code of Civil Procedure, it would be necessary for him to adopt that remedy and where he has failed to do this Court would not, in exercise of its inherent jurisdiction, direct the stay of the suit under Section 151 of the Code of Civil Procedure. It should further be established to the satisfaction of this Court for invoking its inherent jurisdiction that the stay has to be ordered in the ends of justice or to prevent abuse of the process of the Court. If these conditions are satisfied, there can be no question that the trial of an independent suit can be stayed by this Court in the exercise of its inherent powers under Section 151 of the Code of Civil Procedure in the course of other proceedings pending before it. The preliminary objection must be overruled. There is no other contention raised on behalf of the respondent. The suit whose stay has been asked is the earlier suit which cannot be possibly stayed under Section 10 of the Code of Civil Procedure, and on the merits I am satisfied that it is in the ends of justice to direct stay of trial of that suit. The petition is allowed.


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