NAGAPPA CHANNAPPA TAMBRALI Vs. RAMSING JESSASING

JUDGEMENT

(1.) THIS is an application under Section 10 of the Civil Procedure Code to stay a suit which has been instituted on the Original Side of this Court until the decision of a previously instituted suit in the Sholapur First Class Subordinate Judge's Court.

(2.) MR. Coltman who appears for the opponents has taken a preliminary objection that the application should be made on the Original Side. We think he is right. He relies on Rule 344 of the High Court Original Side Rules. But in our opinion the matter is made sufficiently clear by the language of Section 10 itself. The section provides that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. It is a reasonable inference in our opinion that an application asking the Court not to proceed with the trial should normally be made to the Court which is actually seized of the case. According to my experience that is also in accordance with the general practice.

(3.) FOR these reasons we discharge the rule with costs. Emperor vs. Thokarsi Narsl (04.10.1940 - BOMHC)