S MANI Vs. N G MANI

JUDGEMENT

(1.) THE petitioner in this C. R. P. filed on 15. 6. 1992, o. S. No. 631 of 1992, on the file of District Munsif, Tirupathur, for permanent injunction (restraining the defendant-respondent from ejecting him from the suit land), and also filed therein I. A. No. 1779 of 1992 under Sec. 10, C. P. C. for staying the said suit till the disposal of T. R. ANo. 2 of 1992, on the file of Tenancy Tahsildar, Vaniyambadi, filed by himself on 18. 6. 1992, (i. e. subsequent to the filing of the above referred to suit) for recording him as tenant under the Tamil Nadu Act 10 of 1969. THE said I. A. was dismissed and aggrieved by that, the plaintiff has filed this C. R. P. No. 1100 of 1993.

(2.) APART from the fact that Sec. 10, C. P. C. will apply only in the case when the two proceedings in question are' 'suits' ' (vide: Diraviraj v. M. R. Palaniswamy, (1990)1 L. W. 239, Sec. 10 only contemplates stay of trial of a suit in which the matter in issue is directly and substantially in issue in previously instituted suit, but here, the abovesaid T. R. A. proceeding is not a previously instituted proceeding but a subsequently instituted one. Therefore, it is clear that Sec. 10 will not apply, looking at from any angle and the court below has committed no error-leave alone error of jurisdiction-in-having dismissed the LA.