IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 272 of 2011 Date of Decision: 25.7.2011 *** Municipal Council, Rewari .. Petitioner Vs. M/s Roshan Lal Ramesh Kumar & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. M.K. Verma, Advocate for the petitioner. *** ARVIND KUMAR, J. The application of the petitioner-defendant for staying the proceedings in the suit has been dismissed by dint of order dated 28.9.2010, which has been impugned in the instant revision petition. Heard. The plea of the petitioner was that a civil suit in respect of the same property, instituted prior in time is pending, therefore, proceedings in the instant suit, which has been filed subsequently, are required to be stayed. It is evident from the records that though the suit property involved in both the suit is identical, but the plaintiff herein was not a party in the previously instituted suit. Furthermore, the plaintiff of the present suit has claimed collusion between the defendants in the instant suit and plaintiff of previously instituted suit. Hence, finding the essential ingredients required under Section 10 CPC, missing, the learned trial Court rightly dismissed the application of the petitioner. No ground is made out to interfere with the impugned order. Dismissed. However, liberty is given to the petitioner to file an application before the learned District Judge concerned for transfer of both the suits for their decision in one Court. If any such application for transfer is filed, the District Judge concerned shall dispose of the same in accordance with law. July 25, 2011 (ARVIND KUMAR) Jiten JUDGE