BRIJ KISHORE Vs. MAHESH CHANDRA VARSHNEY

JUDGEMENT

(1.) Heard Sri Pranab Ojha holding brief of Sri V.D. Ojha learned counsel for the applicant and Sri Manoj Kumar Gupta, appearing for the opposite party.

(2.) By means of the application No. 21 G 2, the applicant who figures as defendant in Original Suit No.51 of 1988, Mahesh Chandra Varshney v. Brij Kishore, pending in the Court of X Addl. District Judge, Aligarh, sought stay of proceedings in the suit under Section 10 of the Code of Civil Procedure, 1908, hereinafter referred to as the Code on the ground that the controversy involved in the suit is identical to the one in suit No.811 of 1989, Brij Kishore v. Mahesh Chandra, pending in the Court of the Civil Judge, Aligarh. The application of the applicant has been rejected by the courts below by means of the order dated 13th March, 1991, impugned in the instant revision.

(3.) Indisputably, the suit, proceedings of which were sought to be stayed by the applicant, was instituted on 28th September, 1988 whereas the suit No. 811 of 1989 was instituted in the year 1989. Section 10 of the Code contemplates stay of the proceedings in suit which is instituted later in point of time and in which matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. Obviously, this is not the case here in as much as the suit proceedings where of the applicant sought to be stayed was instituted earlier in point of time. To be precise, under Section 10 of the Code, the Court shall not proceed with the trial of the subsequent suit. Stay of the proceedings of the earlier suit is not contemplated. It is the subsequent suit which much await the decision of the earlier suit and not the earlier suit.