In Re: Periaswami Muthiryan and Others

Wallace, J.—The Beach Court has no doubt power in law, to stay the trial of the criminal case and I do not understand why it doubts that. If the accused''s defence is that they were in possession on the date of the criminal trespass, then the result of the civil case will have no bearing on the criminal trial and no stay of the latter will be called for. But if accused''s defence is that they were not in possession but went, in pursuance of their title for possession, to take possession, then the decision of the Civil Court on title will have some bearing on the case and the criminal trial had better be stayed. The Bench will proceed with the case up to the stage of accused putting in their defence and then be guided on the lines indictated above, as to the propriety of staying further trial till the disposal of the civil case.