(1.) IMPUGNED orders are dated 26.4.2011 and 21.5.2011. Vide order dated 26.4.2011 the application filed by the petitioner/defendant no.2 under Section 10 of the Code of Civil Procedure (hereinafter referred to as the `Code') seeking stay of the Civil Suit No.929/2008 had been declined. The second order dated 21.5.2011 had declined the prayer made by the defendant for filing written statement; court had noted that the period for filing written statement is already long since over. The application under Section 10 of the Code filed by the defendant had been dismissed on 26.4.2011 and even after the dismissal of the said application written statement was not filed and as such the submission of the defendant that he did not file his written statement for the reason that his application under Section 10 of the Code was noted as an argument devoid of merit.
(2.) THESE two orders are the subject matters of the present petition.
(3.) THEREAFTER an application had been filed by the petitioner/Bhagirathi under Section 10 of the Code of Civil Procedure (hereinafter referred to as the Code) which was on 26.4.2011. The averments made in this application have been perused. Contention was that since matters in dispute in both the aforenoted suit are the sane, the proceedings in the present suit i.e. second suit be stayed till the disposal of the first suit.