F E DINSHAW Vs. JOHN CARAPIET GALSTAUN

JUDGEMENT

(1.) The question in these suits arising out. of para. 14 of the written statement of the defendant in each, is whether the defendant is entitled, by reason of the Suit No. 22 of 1926 instituted by him in the First Class Subordinate Judge's Court of the 24-Paraganas, Bengal, to a stay of both the suits under Section 10 of the Civil P. C.. The question arises on a notice of motion taken out in both the suits by the defendant, Written statements have been put in in both the suits but issues have not been raised. I propose to confine myself strictly to this question and to touch as little as possible the merits of the other contentions on either side.

(2.) The defendant in the present suits executed a mortgage in 1921 in favour of the plaintiff, and subsequently, an agreement in 1923 under which, on the one hand time was extended, and on the other, interest was raised, Principal and interest were repayable by instalments.

(3.) The second suit is in respect of a further advance of rupees two lacs by the mortgagee to the mortgagor on the same property situated near Calcutta. The plaintiff sues in Suit No. 1420 of 1926 to recover rupees thirty lacs with interest about Rs. 91,000 on the ground that the mortgagor has failed to pay an instalment of Rs, 2,25,000 payable on March 17, 1925, and has been in default of interest after February 1926. In the second, he claims on the mortgage of June 20, 1923, itself. No relief in respect of the property is claimed in either suit.