JUDGMENT - A.N. MODY, J.:---This revision application arises out of a judgment in the City Civil Court Suit No. 583 of 1975 dated 16-3-79 staying the said suit under the provisions of section 10 of the Civil Procedure Code. This stay was granted not on any notice of motion taken out as is usually done but was granted after framing a preliminary issue at the hearing of the suit as to whether the suit should be stayed under the provisions of section 10 of the Civil Procedure Code. As I am deciding this application on merits I do not propose to go into the question whether such a stay can be granted without a separate application. I must also point out that there is no pleading and so no issue framed as to whether the stay should be granted in exercise of the inherent powers under section 151 of the Civil Procedure Code. However, as this point has been argued in detail by both sides and without any objection on behalf of the plaintiff as to want of pleadings or issue I will deal with this point also.

2. Sometime in the year 1959 the plaintiff had given to the defendant its business of vulcanizing and battery charging carries on in the name and style of "Kingsway Garage" in shop No. 2

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