GILLOOMAL Vs. SETHANI RATAN KUNWAR

JUDGEMENT

(1.) THIS revision application has been filed by Gillumal and Lallu Bhai against an order of Mr. Ramprasad Sharma, Munsif, Jaipur East, dated the 6th September 1952 by which an application of the defendants for stay of the proceedings in the suit under sec. 10 C. P. C. was dismissed. The facts of the case are that a suit was filed by Sethani Ratan Kunwar against Gillumal & Lallu Bhai for rent of certain premises alleged to have been let to the defendants. After trial, the suit was decreed by the first court and an appeal of the defendants was dismissed and the decree for rent was confirmed. A revision application was filed against the appellate judgment and decree of the District Judge in this court which is said to be pending. In the meanwhile the plaintiff filed another suit for arrears of rent for a period subsequent to the period for which the previous suit had been decreed. The defendants in the subsequent suit raised an objection that until the case of the revision petition is dis- posed of by this court, proceedings relating to the suit filed by the plaintiff should be stayed under the provisions of sec. 10 C. P. C. The trial court dismissed the application of the defendants saying that the causes of action in the two suits were not the same and the matter in issue in the subsequent suit was not the same as in the previous suit.

(2.) IT has been contended on behalf of the petitioner that as the point relating to the rate of rent is in dispute in the subsequent suit which was also in issue in the former suit the provisions of sec. 10 C. P. C. apply to the later suit. IT is therefore prayed that the court of the Munsif should be directed to stay the proceedings till the revision petition which is pending in this Court is decided.