SAT PAL Vs. ROSHAN LAL KOHLI

JUDGEMENT

(1.) Roshan Lal filed a suit (No. 214 of 1969) against Sat Pal for the recovery of Rs. 500/- on account of rent for the months of February and March 1970 @ Rs. 250/- per month regarding a shop, which the latter had taken from the former on lease, and that suit was pending in the Court of the Senior Subordinate Judge, Chandigarh. Later on, Roshan Lal filed another suit for the ejectment of Sat Pal from the same shop on the grounds of non-payment of rent and sub-letting. The second suit was being tried in the Court of Mr. Harnam Singh, Subordinate Judge, 1st Class, Chandigarh. An application under Section 10 read with Section 15 1, Code of Civil Procedure, was made by Sat Pal in the later suit praying that the same be stayed, because the matter in issue in the second suit was also directly and substantially in issue in the previous one, which was also between the same parties.

(2.) This application was contested by Roshan La and it was rejected by the trial Judge by means of his order dated 29th July, 1970. He held that only one issue was common in both the suits and further that the subject-matter of two suits was different. Against this order, the present revision petition has been filed by Sat Pal.

(3.) After hearing the counsel for the parties, I am of the view that there is no substance in this petition. Section 10, Code of Civil Procedure, says :-