Civil Revision No. 6753 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6753 of 2008 Date of decision: 23.03.2009. Amar Singh ...Petiitioner Versus Shamsher Singh ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Gourav Jain, Advocate, for the petitioner. Mr. R.S.Dhaliwal, Advocate for the respondent ***** S.D.ANAND, J. The defendant-petitioner filed an application under Section of the 10 C.P.C. for the stay of proceedings in the civil suit under reference by raising a plea that controversy in the suit is akin to another suit which he had filed against the plaintiff-respondent and which (suit) came to be decreed vide judgment and decree dated 24.7.2006. The First Appellate Court reversed the finding and ordered the dismissal of the suit. The matter is pending consideration before this Court in Regular Second Appeal which otherwise has not yet been taken up. The pure and simple plea raised by the defendant- petitioner is that the suit presently pending is sought to be stayed in Civil Revision No. 6753 of 2008 -2- **** view of the commonness of the subject of controversy. It is common ground otherwise that the suit filed by the defendant-petitioner was for permanent injunction and was based upon an averment that the defendant-petitioner (plaintiff therein) had acquired title of the property in suit by adverse possession. In the present suit, the plaintiff-respondent filed a suit for possession. It is apparent from the conceded position of the parties in the earlier suit that the suit aforementioned was not competent inasmuch as the defendant-petitioner herein (and plaintiff therein) could not have claimed title by adverse possession which (acquisition of title by adverse possession) could have been set up by him only in defence. It is beyond the pale of controversy that the Regular Second Appeal filed by the defendant-petitioner has not even come to be listed before a Bench. In that view of things too, the mere filing of the Regular Second appeal does not entitle the defendant- petitioner to raise a plea under Section 10 of the C.P.C. The petition is held to be denuded of merit and is ordered to be dismissed. March 23, 2009 (S.D.Anand) Pka Judge