- (1.) IN the very nature of things, an application under S.10 of the CPC would have to be addressed first before taking up other applications filed by the respondent. An application for stay of suit instituted later on, on directly and substantially the same subject matter in issue in a suit previously instituted between the same parties contested under the same title has to be paid prior attention for disposal in view of the embargo articulated in section 10 of the CPC.
(2.) MR . Ishar, appearing for the petitioner submits that while the defendant's applications are being filed, entertained and decided his client's application under S.10 CPC remains pending for almost a year. In the circumstances, he prays that a direction should go to the trial Court to take up and decide the application under S.10 CPC in right earnest before proceeding any further in the suit.
(3.) THE request is fair, reasonable and in consonance with law and interference is called for to avoid failure of justice and to keep the subordinate court within the bounds of it jurisdiction since it is refusing to exercise by its act of trying or deciding the opposite parties applications while keeping the mandate of the condition precedent of section 10, CPC pending. Though no order has been passed by the trial Court which is impugned in this petition but I feel persuaded to think that a direction deserves to go to the trial Court to exercise its jurisdiction on the application under S.10, CPC, hear the parties and pass a reasoned order within reasonable time from the date of receipt of a certified copy of this order. Till the application under S.10 CPC is not decided, the other application/s be not taken up for disposal as those would be in violation of the law.;