IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17541 of 2010 MUNDAR PASWAN Versus VINOD KUMAR & ORS ----------- 2 03.05.2011 After hearing learned counsel for the petitioner, this court finds that the trial court has rejected the application of the petitioner under Order-1 Rule 10 of the C.P.C. on the ground that dispute relating to the right of the petitioner-applicant is sub-judice in Second Appeal No. 323 of 2009 in the High Court. The trial court fell into error in not considering that the lis survives and has not been decided against the petitioner-applicant. Thus, order impugned dated 04.08.2010 passed by learned Sub-Judge-VI, Sasaram, Rohtas, in T.S. No. 669 of 2009 is set aside. The trial court is directed to dispose of the application afresh after giving opportunity of hearing to all the parties. Petition is disposed of. Ravi/- ( Prakash Chandra Verma, j.)