- (1.) The petitioner brought a suit on 25-4-1953, on the Original Side of this Court against the opposite party Dwip Narain Singh and also one Chandra Sekhar Singh on a claim of Rs. 21,500/- on the averment that pursuant to an agreement between it and the defendants in February 1944, that they would sell and deliver bricks to it at the agreed price and a mutual open and current account will be kept in respect thereof, the defendant did supply bricks between February, 1944 and July, 1950, and that it is found that the payments which the plaintiff had made form time to time have resulted in an over-payment to the defendants to the extent of Rs. 21,500. On 13-8-1955, a suit was brought by the opposite party Dwip Narain Singh alone as plaintiff in the 2nd Court of the Subordinate Judge at Hooghly on a claim of Rs. 7236/- on account of bricks said to have been supplied to the present petitioner as per written order dated 14-7-1950. The defence of the present petitioner in that suit is that the supply of the bricks mentioned In the plaint was really in pursuance of the agreement of February, 1944, on the basis of which he has already brought the suit on the Original Side. In this written statement in the suit brought by the petitioner on the Original Side Dwip Narain Singh pleaded that a fresh contract was entered into by the plaintiff and himself on 14-7-1950, and bricks were supplied by Dwip Narain Singh in performance of that contract and that the price of Rs. 2728/- due for the same had not been paid. He suggested further that the present petitioner's suit was nothing but an attempt on his part to counteract Dwip Narain's claim.
(2.) An application by the petitioner to have the suit brought in the Hooghly Court stayed under Section 10, Civil P. C. was rejected and this Court refused to interfere with that order. The petitioner's prayer now is that the suit brought in the Hooghly Court should be transferred to this Court and tried on the Original Side of this Court analogously with the suit brought by him on 25-4-1953.
(3.) It appears to us that one of the main questions that has to be decided in both these suits is whether the supply of bricks after the written order of 14-7-1950, was or was not in pursuance of the previous agreement of February, 1944, that has been mentioned by the, petitioner and that it is desirable that both the suits should be tried analogously by the same Court, and for that purpose, it is necessary that the Suit brought in the Hooghly Court should be withdrawn for trial by this Court, on its Original Side.;