PRATIVA BANDHAPADHYAY Vs. CHHANDA BHATTACHARJEE

JUDGEMENT

(1.) Challenge is to the order dated July 22, 2009 passed by the learned Judge, Presidency Small Causes Court, Calcutta in Ejectment Suit No. 247 of 2008 thereby rejecting an application under Sec. 10 of the Code of Civil Procedure.

(2.) The Plaintiff/opposite party herein instituted a suit being the Ejectment Suit No. 247 of 2008 against the Petitioner on the ground of default, reasonable requirement, etc. The Petitioner is contesting the said suit. She filed an application under Sec. 7(2) of the West Bengal Premises Tenancy Act, 1997. That application is pending for disposal. In the meantime, she filed an application under Sec. 10 of the Code of Civil Procedure for stay of the suit stating, inter alia, that on the selfsame suit premises another suit being Title Suit No. 704 of 2002 is pending. The matter involved in the said suit and that of the present suit are identical. So, the present suit being a later suit should be stayed. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.