Partap Krishna vs Sterling General Insurance Co. Ltd.

Kapur, J.—This is an appeal brought against an order passed by Mr. Jagdish Narain Kapur acting as a Tribunal under the Displaced Persons'' Debt Adjustment Act of 1951, but I cannot see how this order the effect of which is the stay of proceedings pending before him, can be appealed against. I would therefore treat it only as an application under Article 227.

The petitioner brought a suit for recovery of Rs. 50,000/- against the Sterling General Insurance Company on the basis of an insurance policy. He has also made an application u/s 18, Displaced Persons'' Debt Adjustment Act and has claimed the same amount. The learned Judge has stayed the proceedings u/s 151, Civil P. C., but the approach, in my opinion, seems to be erroneous. Section 3, Displaced Persons'' Debt Adjustment Act of 1951 overrides the provisions of all other laws and takes effect in preference to all other laws, or rules or orders and it also overrides any decree or order of a Court.

Besides, the stay of suits is governed by Section 10, Civil P. C. There is a previously instituted suit no doubt but the present proceedings cannot be called a suit, and therefore it cannot be stayed u/s 10, Civil P. C., but as according to Section 3, Displaced Persons'' Debt Adjustment Act any order passed in such proceedings is to take precedence over the decree or order of a Court, I am of opinion that these proceedings should go on and the previously instituted suit in the Court of one of the Subordinate Judges at Delhi which has been brought by the present appellant (Applicant) against the present respondent, shall remain stayed and to this order Mr. Panna Lal Bahl for the appellant (Applicant) agrees. In the result the present appeal is treated as a petition under Article 227 and is allowed. There will be no order as to costs in this Court.