G.N.Prasad, J.

1. This application is directed against the order of the learned Munsif, First Court, Monghyr, staying Money Suit No. 38 of 1969 pending in his court till the disposal of Original Suit No. 662 of 1968 pending in the court of the District Munsif at Vijayawada. The learned Munsif has passed such an order of stay under Sec.10 of the Code of Civil Procedure (hereinafter to be referred to as the "Coda"). The circumstances under which the impugned order came to be passed are as follows :-

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2 Some time in the last week of August, 1968, an agent of the defendants, which are a partnership firm having their? Head Office at Vijayawada, negotiated with the plaintiffs, which also are a partnership firm having their Head Office at Khagaria, for sale of cocoanuts. The plaintiffs booked an order for cocoanuts to be supplied by the defendants, and, in parsuance of this agreement, the plaintiffs made advance payments to the defendants in two equal instalments, one by a bank draft, dated the 9th September, 1968, and the other by a tele-graphic transfer, dated 14th September, 1968. The defendants despatched two wagons of cocoanuts for delivery to the plaintiffs at Barauni on th