(1.) THE only question involved in this revision petition is as regards he applicability of Section 10 of the Code of Civil Procedure Code.
(2.) THE Petitioner Gopilal filed Civil Suit No. 3 of 1960 in forma pauperis. The application for permission to sue in forma pauperis was submitted on 4 -9 -1958. His application for permission to sue in forma pauperism was allowed in the year 1960 and thereupon it was registered as Civil Suit No. 3 of 1960. In this suit the Plaintiff claimed possession of agricultural land measuring 28 -12 acres assessed to the revenue of Rs. 81 -15 -0 situated in the village Niranjanpur, Tahsil Indore as also for possession of a house and certain movables. The suit was tiled against Nagjiram and Shaligram. The claim was based on the allegation that the entire properly had been in the possession of his mother's mother Anandibai till her death upto 4 -9 -1956 and that he is the nearest heir to the property left by her on her death. All the properties including the land, house and movables were alleged to be in the possession of Nagjiram and Saligram at the date of the institution of the suit. He. therefore claimed possession of all these properties.
(3.) AFTER the written statement was filed by Gopilal in Civil Suit. No. 129 of 1959 he submitted an application in that suit under Section 10 Code of Civil Procedure for stay of civil suit No. 129 of 1959 filed by Nagjiram and Saligram for specific performance. This application was resisted by them on their behalf. Reliance was placed upon the decision reported in, AIR 1934 Pri Cou 235 Pir Bux v. Mohammad Tahar, for contending that it is their suit which should be proceeded first and not the suit for the suit for possession filed by Gopilal. On consideration of this application the trial Court observed: