RASH BEHARY DEY Vs. BHOWANI CHURN BHOSE

JUDGEMENT

(1.) This is an application by the plaintiff in a suit in this Court to restrain the defendant by injunction from proceeding with a suit instituted against the plaintiff in the Small Cause Court.

(2.) The suit in this Court is for the specific performance of an agreement for lease of certain premises and was instituted on the 17 August 1906. The suit in the Small Cause Court was instituted three days afterwards, on the 20 August 1906, and is for ejectment.

(3.) It is obvious that the same questions will arise in both these suits, and, without expressing any opinion upon the merits of the application I think it is quite clear that convenience requires that an injunction should be granted in terms of the application restraining the defendant from proceeding with the suit in the Small Cause Court pending the hearing of the suit in this Court.