CHAGLA, C.J. :- The respondents in appeal No.58 of 1952 filed a suit in the Calcutta High Court on 4-2-1952, and the appellants filed a suit in this Court on 8-2-1952. The appellants took out a notice of motion to restrain the respondents from proceeding with the suit which they had filed in Calcutta. The respondents took out a notice of motion to stay the suit filed by the appellants under S.10. The learned Judge refused to issue an injunction restraining the respondents from proceeding with the Calcutta suit and he also dismissed the motion taken out by the respondents to stay the Bombay suit under S.10. And these two appeals are preferred from the two orders passed by the learned Judge.

2. Now, with regard to appeal No.58 of 1952, which is from an order of the learned Judge refusing to issue an injunction against the respondents restraining them from proceeding with the Calcutta suit, a preliminary objection is taken by Mr. Bhabha. It is clear that that order is made under S.151, Civil P.C. A party cannot be restrained from proceeding with an earlier instituted suit under S.10. He can only be restrained under the inherent powers of the Court and those powers are exercise