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1951 Supreme(Kar) 48

MALLAPPA
S. KAMESAM – Appellant
Versus
S. RANGARAJU NAIDU – Respondent


( 1 ) THIS is a Revision Petition against the order in O. S. No. 27/49-50 on the file of the principal District Judge, Bangalore, on. A. I, directing a stay of the suit pending decision of O. S. No. 8 of 1947, a suit filed in the Court of the subordinate Judge, Salem. It will be noticed that a suit, was filed in the year 1947 by the plaintiff in Salem on the foot of a document, and another suit was filed in respect of the same cause of action and based on the same document, in O. S. No. 27 of 1949-50 on the file of the District Judge, Bangalore. The point that the two suits are based on the same cause of action is not denied, though much more than what is claimed in this suit has been claimed in the suit filed in the Sub-Court, Salem. The question whether a suit could be filed at Salem is under consideration and the defendant in this case has filed an application for stay of the present suit till that case is disposed of, under Sections 10 and 151, c. P. C.

( 2 ) IT is contended that the order was passed when Section 10, Civil P. C. in mysore was applicable, and according to that Section. "no Court shall proceed with the trial of any suit in which the matter in issue is also direc

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