Mithan Lal, J. - (1.) This civil revision arises out of an roder passed by the Civil Judge, Allahabad, rejecting the application of the applicant under Section 10 while granting the prayer of the opposite party and issuing an injunction to the applicant not to proceed with the suit at Delhi.
(2.) The facts of the case briefly stated are that the opposite party. Messrs. A.H. Wheeler and Company Limited under an agreement with the Union Government keep book-stalls on railway stations. The present applicant entered into an agreement with the opposite party to act as an agent for book-stall no. 1 at Delhi Junction railway station with effect from 1st October, 1954. The conditions of contract were all embodied in a written agreement dated 23rd November, 1954. It is not necessary to state anything more about the actual terms of the agreement or the subsequent agreement which was entered into between the parties with respect to other stalls, Nos. 2 and 3, than to say that under the terms of the agreement it was agreed between the parties, (as entered in Cl. (19) of the agreement) "that all disputes and differences of every kind, arising out of or in connection with this agreement, or the agency of the agent shall be settled and decided at Allahabad and the court at Allahabad shall have jurisdiction to decide such cases arising in connection thereto."
(3.) The differences and disputes have arisen between the parties and two suits were instituted, one was instituted by the applicant at Delhi as suit No. 2 of 1959 while the other was 3 instituted by the opposite party as suit No. 10 of 1959 at Allahabad. The subject-matter of the two suits appears to be almost the same, but in the suit at Allahabad a specific sum of Rs. 7,865.10 nP. has been claimed while the other suit at Delhi appears to be a suit for damages or a suit for accounting or for both.;