- (1.) No one appears for the opposite party to oppose this application even at the second call. This revisional application is directed against Order No. 11 dated 21st July, 2006 passed by the learned Judge-in-Charge, 3rd Bench, Small Causes Court at Calcutta in Ejectment Suit No. 482 of 2004.
(2.) The petitioner here is the defendant who filed an application for stay of a latter suit being Suit No. 858 of 2004 pending before the learned City Civil Court, 3rd Bench, Calcutta. The parties are not identical but the subject matter of the suit is same. The present suit is for ejectment being Ejectment Suit No. 482 of 2004 where the petitioner is the defendant and the other suit being Suit No. 858 of 2004 is for a declaration that the present opposite party has no right, title and interest in the suit property on the ground that the property is a debuttar property and also prayed for a decree for permanent injunction restraining the defendant no.5 and his men and agents and subordinates from disturbing the plaintiff in respect of his tenancy. Both the suits involve the self-same property and similar questions are involved. By the order impugned, the learned Court below rejected the defendant/petitioner's application under Section 10 of the Code of Civil Procedure for staying all further proceedings of ejectment suit being Ejectment Suit No. 482 of 2004. Having heard the learned Advocate for the petitioner and after going through the petition and other materials available on record, this Court finds that it will be just and proper to decide Title Suit No. 858 of 2004 first. Therefore, this Court cannot agree with the order passed by the learned Court below in rejecting the plaintiff's application under Section 10 of the Code of Civil Procedure. The learned Court below ought to have allowed the said application for stay and accordingl, all further proceedings in Ejectment Suit No. 482 of 2004 is stayed till the decision of Title Suit No. 858 of 2004 pending before the Small Causes Court at Calcutta.
(3.) The revisional application is allowed.;