DEBENDRA CHANDRA PALIT Vs. GIRINDRA KUMAR PAL

JUDGEMENT

(1.) THIS application in revision is directed against an order of the learned Subordinate Judge, Silchar, dated 6 -5 -1954, passed in Title Suit No. 8 of 1954. The order is in the following terms:

(2.) THE petitioner contends that the learned Subordinate Judge had no jurisdiction to compel the petitioner to file his written statement in the suit in question before any order for stay of the suit could be made by the Court. He alleges that having regard to the pleadings of the plaintiff in this suit and the pleadings of the parties in an earlier suit instituted by the petitioner, namely, Title Suit No. 59 of 1953, it was incumbent on the Court to stay the suit under Section 10, Civil P.C. The relevant facts may be briefly stated thus.

(3.) THE application, in our opinion, is misconceived. It is accordingly dismissed and the Rule is discharged. The opposite party is entitled to his costs. Hearing fee Rs. 50/ -.