RAMA GHOSH Vs. ANIRBAN MITRA

JUDGEMENT

(1.) No one appears for the opposite party to oppose this application even at the second call.

(2.) The petitioner here is the defendant who filed an application for stay of a latter suit being Suit No. 858 of 2004 pending before the learned City Civil Court, 3rd Bench, Calcutta. The parties are not identical but the subject matter of the suit is same. The present suit is for ejectment being Ejectment Suit No. 482 of 2004 where the petitioner is the defendant and the other suit being Suit No. 858 of 2004 is for a declaration that the present opposite party has no right, title and interest in the suit property on the ground that the property is a debuttar property and also prayed for a decree for permanent injunction restraining the defendant no.5 and his men and agents and subordinates from disturbing the plaintiff in respect of his tenancy. Both the suits involve the self-same property and similar questions are involved. By the order impugned, the learned Court below rejected the defendant/petitioner's application under Section 10 of the Code of Civil Procedure for staying all further proceedings of ejectment suit being Ejectment Suit No. 482 of 2004.

(3.) The revisional application is allowed.