IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 23.09.2010 C.R.No.6157 of 2010 (O&M) Jeet Singh ...Petitioner Versus Smt. Suraj Kanwar and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Vinod Khunger, Advocate, for the petitioner. HEMANT GUPTA, J. (Oral) Defendant is in revision aggrieved against the order passed by the learned trial Court on 12.08.2010, whereby an application filed by him to stay the suit for recovery, was dismissed. Plaintiff-respondent No.1 filed a suit for recovery of the amount paid by her to the Bank to discharge the liability of the Bank incurred by the defendant as mortgagor prior to the purchase of the property by the plaintiff. The said suit was filed on 19.01.2007. The defendant-petitioner filed a separate suit for declaration challenging the sale deed. Such suit was filed on 04.08.2008. Thereafter, the petitioner filed an application for stay of the suit for recovery filed by the plaintiff-respondent No.1 on the ground that the legality of the sale deed itself is subject matter of challenge in the suit filed by him. Therefore, the suit for recovery of the amount paid by the plaintiff to the Bank, requires to be stayed. The learned trial Court rightly found that the present suit for recovery was filed by the plaintiff on 19.01.2007, whereas the suit for C.R.No.6157 of 2010 (O&M) declaration was filed subsequently i.e. on 04.08.2008. In view of the said fact, in terms of Section 10 of the CPC, the suit filed earlier in point of time cannot be stayed. In view of the above, I do not find any patent illegality or irregularity in the order passed by the learned trial Court, which may warrant any interference by this Court in exercise of its revisional jurisdiction. Dismissed. 23.09.2010 (HEMANT GUPTA) Vimal JUDGE 2