CHANNABASAPPA KAMADAL Vs. KISHAN CHAND AND COMPANY

JUDGEMENT

(1.) Plaintiff in Original Suit No.202 of 1969 pending in the Court of the Munsiff at Arsikere is the petitioner in this revision petition and challenges the correctness of the order passed by the Munsiff at Arsikere staying the hearing of the suit until the disposal of the suit filed before the Senior Sub Judge's Court, Delhi.

(2.) The plaintiff has filed a suit for recovery of a sum of Rs. 4,977-47 P as damages for breach of contract to supply and purchase cocoanuts by the defendants. The defendants in this suit have also filed a similar suit against the plaintiff in the Court of the Senior Sub Judge at Delhi to recover the sum of Rs.13,279-85. The suit filed by the defendants is on the same cause of action, namely, breach of contract and has been filed earlier. Therefore, an application I.A. No.2 was filed in O.S. No.202 of 1969 to stay the subsequently instituted suit. Objections were filed to that application.

(3.) The learned trial Judge held that the matter in issue in both the suits is substantially same, parties are same and all the conditions under S.10 of the CPC. were satisfied. In that view, the application, I.A. II was allowed and the suit was ordered to be stayed until the disposal of the suit filed in the Court of the Senior Sub Judge at Delhi.