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Chapalamadugu Pedda Balliah and anr. Vs. Muthiyalu Venkatasami - Court Judgment

LegalCrystal Citation
Decided On
Reported in24Ind.Cas.976a
AppellantChapalamadugu Pedda Balliah and anr.
RespondentMuthiyalu Venkatasami
stay of criminal trial - charge answer to civil suit--proceedings may be stayed for reasonable time. - .....order is passed the case in the magistrate's court may.....

Miller, J.

1. I think it is admissible to stay the criminal proceedings. The charge comes up by way of defence to the suit, and it seems on the whole batter that the two proceedings should not go on at the same time. Bat the possibility that the civil litigation may be unduly protracted is not to be disregarded, and it would be wrong to stay proceedings by an order made now for all the time that may be necessary to obtain a final decision in the civil suit. It is said that the suit is proceeding under Order XXXVII of the Civil Procedure Code in the District Munsif's Court and if so, it should not take a very long time in that Court. I will stay proceedings until disposal of the suit by the District Munsif or for six months from this date, whichever is earlier, after which if no further order is passed the case in the Magistrate's Court may proceed.

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