JUDGMENT - Dr. B.P. SARAF, J. :---An important and interesting question of law for consideration in these appeals is as to whether section 10 of the Code of Civil Procedure, 1908 ("C.P.C.") would apply to summary suits under Order XXXVII of the C.P.C.

2.The facts of the case giving rise to this controversy, briefly stated, are as follows:

A summary suit was filed by the Indian Bank (respondents herein) against the Maharashtra State Co-operative Marketing Federation Ltd. (appellants herein) for recovery of a sum of Rs. 4,96,59,160.25. It was filed on 6th February, 1992. In the said suit, a notice of motion was taken out by the original defendants (appellants herein) for stay of the trial of the above suit in view of the fact that the matter in issue in the said suit was also directly and substantially in issue in a suit previously instituted by the appellants against the respondents in this Court numbered as Suit No. 400 of 1991 which was pending. The case of the appellants was that the matter in issue in the summary suit filed by the respondents against the appellants was directly and substantially in issue in above previously instituted suit. The contention of the appellants therefo

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