S.C.Ghose, J. - (1.)On or about December 19, 1968, a suit was filed in this Court by the respondent, Bhagwan Choudhury, against the petitioner, Smt. Fulla Devi Sharma and Basdeo Prosad Sharma, as partners of a firm Shree Ganesh Electric Works as well as the said Shree Ganesh Electric Works inter alia for the specific performance for an alleged agreement entered into by the defendants partners of the said firm, to sell the said firm to the respondent at and for the sum of Rs. 40,000/-. In the alternative the respondent claimed in the same suit refund of the sum of Rs. 10,000/-being earnest and/or consideration paid under the said contract for sale of the said firm together with interest at 12% per annum and damages and other reliefs. The said suit has been numbered as suit No. 3243 of 1968 (Bhagwan Choudhury v. Shree Ganesh Electric Works and Ors.). The petitioner duly filed his written statement denying the contract for sale of the said business but admitting the receipt of the sum of Rs. 10,000/- as and by way of temporary accommodation.
(2.)The respondent in March, 1969, Bled a Money Suit being Money Suit No. 123 of 1969 in the City Civil Court for the recovery of Rs. 5,200/- alleged to have been advanced to the petitioner by the respondent. According to the petitioner, the said sum of Rs. 5200/- was a part of the aforesaid sum of Rs. 10,000/-paid as and by way of temporary accommodation. The petitioner duly filed his written statement in the said Money Suit No. 123 of 1969 in the City Civil Court on or about 18th July, 1969, after the time to file written statement had expired and after obtaining an order from the City Civil Court condoning the delay in filing written statement. In the written statement the petitioner alleged that the said sum of Rs. 5,200/- formed part of the aforesaid sum of Rs. 10,000/-.
(3.)On or about 18th September, 1969, the petitioner's application for stay of the said Money Suit No. 123 of 1969 under Section 10 of the Code of Civil Procedure in the City Civil Court was dismissed.