1. The question which arises for decision in this case is whether the hearing of Small Cause Court Suit No, 107/93 of 1951, pending in the Court of the 1st Subordinate Judge, Muzaffarpur, should be stayed under the provisions of Section 10, Civil P. C. till Second Appeal No. 1545 of 1951 is finally heard and determined in the High Court.

2. It appears that Second Appeal No. 1545 of 1951 is an off-shoot of a small cause court suit which was brought by the opposite party for recovery of house rent from the petitioner for a period of one year--from July, 1947, to August, 1948. The suit was originally instituted as a small cause court Suit in the Court of the 1st Munsif of Muzarfarpur; but, subsequently, it was heard as a money suit. One of the issues involved in that case was whether the plaintiff had title to the house. The trial Court dismissed the suit; but, on appeal, the judgment of the trial Court was set aside, and the opposite party was granted a decree. Against that decree, a second appeal has been brought in the High Court on behalf of the petitioner. The opposite party have now instituted a small cause court suit, No. 107/93 of 1951, in the Court of the 1st Subordin