IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10257 of 2011 Rajiv Kumar Kejariwal @ Rajiv Kejriwal Versus The State Of Bihar & Ors ---------------------------------- 05. 08.09.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the defendant-petitioner against the order dated 24.05.2010 passed by Munsif, East Muzaffarpur in Eviction Suit No.40 of 2007 whereby the application filed by the petitioner under Section 10 of the Code of Civil Procedure has been rejected. The learned counsel for the petitioner submitted that title suit No.420 of 2005 has been filed by the defendant against the vendor of the present plaintiff-respondent for specific performance of contract dated 10.11.2004. The present eviction suit has been filed in the year 2007, i.e., after the suit for specific performance of contract. In such view of the matter, according to the provision as contained in Section 10 of the Code of Civil Procedure, the learned Court below should have stayed the further proceeding in - 2 - Eviction Suit No.40 of 2007. So far this question raised by the petitioner is concerned, this has already been decided by this Court in the case of Sri Niwas Singh Vs. Sri Chandradeo Singh 2006 (4) P.L.J.R.129. At paragraph 6, it has been held that “secondly it is well settled that a suit for specific performance is not pertaining to a right in present time. The right in a party is only created once a decree for specific performance is passed. It has been held by Division Bench of this Court in the case of Dr. N.P. Tripathi Vs. Smt. Dayamanti Devi reported in A.I.R. 1988 Patna 123 that merely because a suit for specific performance is pending, proceeding in a eviction suit cannot be avoided.” In view of the above facts and circumstances of the case and the settled principle of law, I do not find any reason to interfere with the impugned order. Accordingly, this writ application is rejected. Sanjeev/- (Mungeshwar Sahoo,J.)