JUDGMENT :

Sandeep K. Shinde, J.

Heard learned counsel for petitioner.

2. Though the respondents are served, they have not caused their appearance.

3. Petitioner (plaintiff) instituted Special Suit No. 156 of 2010 new no. 303 of 2012 ('previous suit' for short) for specific performance of contract dated 04.03.2005, against Shivaji Harale. Shivaji passed away on 02.05.2011 and thereupon his wife and others were brought on record as his legal representatives, as defendants. These defendants brought Regular Civil Suit No. 579 of 2012 (subsequent suit) for declaration that contract dated 04.03.2005 executed by Shivaji in favour of plaintiff, was security documents against the loan.

4. Since in both the suit contract dated 04.03.2005 is under consideration; plaintiff filed an application under Section 10 of the Civil Procedure Code for stay of suit in the subsequent suit No. 579 of 2012, which Trial Court rejected. Hence, this petition under Article 227 of the Constitution of India.

5. Section 10 of the Civil Procedure Code reads as under :-

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit