N DUTTA Vs. JARDIN VICTOR LIMITED

JUDGEMENT

(1.) This civil revision application is directed against an order dated 23-3-1980 by which the Court below has stayed the hearing of Money Appeal No. 10 of 1978 till the disposal of First Appeal No. 32 of 1978, in exercise of the powers conferred under Section 151. Civil P. C. (hereinafter to be referred to as 'the Code'). Being aggrieved by the said order the plaintiff-petitioner has moved this Court to vacate the order of stay.

(2.) This case needs a very short narration of facts. The plaintiff-instituted a money suit which was numbered as money Suit No. 129 of 1976 against M/s. Jardin Victor Limited for realisation of commission pursuant to a contract entered into between the plaintiff and the said company on 11-3-1968, for sale of goods to M/s. National Coal Development Corporation at Ranchi. The commission having fallen due and not paid, the plaintiff was constrained to institute the suit aforesaid. Money Appeal No. 10 of 1975 arises out of the said suit.

(3.) The plaintiff-petitioner entered into another contract with M/ s. Jardin Handerson Company Limited on 11-3-1968 for representing the Company as well as to sell their products on commission, the plaintiff instituted a suit bearing Money Suit No. 128 of 1976 against M/s. Jardin Handerson Company Limited out of which First Appeal No. 32 of 1978 (R) arises and is pending in the High Court.