Ajay Nath Ray, J. - (1.) This is an application made by the second defendant, in this suit, for a declaration that an English judgment and decree dated 10.12.96 operates as a res judicata in this suit, and that this suit be dismissed.
(2.) The judgment and decree was passed by the Hon'ble Mr. Justice Tuckey in the Commercial Court, Queen's Bench Division.
(3.) Mr. Chakrabarti supports these prayers on the basis of Section 11 of the Civil Procedure Code. He submits that even if this suit is not dismissed, or a declaration as prayed for is not granted, the suit should be permanently stayed.;