1967 (5) TMI 78

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....int by, impleading one Akhtar-ul-Zama as defendant 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....

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....ng of the suit was without jurisdiction, In my opinion the 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 ....

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....eedings in a suit it has no jurisdiction to fix further 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 wi....

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....ings before tribunals only in respect of procedure and 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 ....