when there should be no stay of suit?
In light of the above legal position, it may be immediately observed that the High Court was not at all justified in staying the proceedings in the civil suit till the decision of criminal case. Firstly, because even if there is possibility of conflicting decisions in the civil and criminal courts, such an eventuality cannot be taken as a relevant consideration. Secondly, in the facts of the present case there is no likelihood of any embarrassment to the defendants (respondent nos. 1 to 4 herein) as they had already filed the written statement in the civil suit and based on the pleadings of the parties the issues have been framed. In this view of the matter, the outcome and/or findings that may be arrived at by the civil court will not at all prejudice the defence(s) of the respondent nos. 1 to 4 in the criminal proceedings.1
Supreme Court of India
Guru Granth Saheb Sthan Meerghat ... vs Ved Prakash & Ors. on 1 May, 2013
REPORTABLE- https://www.lawweb.in/2013/11/when-there-should-be-no-stay-of-suit.html
