SANDHYA RANI Vs. S VASANTHI GOPAL

JUDGEMENT

(1.) THE trial court has rejected the application filed by the petitioner under section 10 CPC to stay further proceedings in HRC No.427/2006, till disposal of Misc.Petition No.464/2005 filed by petitioner under section 92 CPC to grant leave to institute a civil suit. The learned trial Judge has held that section 10 CPC

(2.) IS not applicable to the fact situation. In order to fulfill the requirements of section 10 CPC, the petitioner has to establish that both suits involve identical issues. As of now, petitioner has failed to establish that two suits are pending. The application filed by petitioner under section 92 CPC in Misc.Petition No.464/2005 was dismissed and the matter is pending before this court in MFA No.11760/2011. The learned trial Judge has held that question