1. This revision application is directed against the order dated 12.5.2000 passed in Title Suit No. 87 of 1996 by the learned Sub-Judge III, Katihar, whereby the application of defendant no. 1 in the said suit filed in terms of Section 10 of the Code of Civil Procedure for staying the suit in view of earlier suit being Title Suit No. 44 of 1978, as between the same parties, substantially involving the same issue, has been rejected. The second suit would have to be stayed awaiting finality of the earlier suit.

2. Ordinarily, Section 10 of C.P.C. applies when during the pendency of the first suit another suit, as between the same parties, involving substantially same issue has been brought to avoid the multiplicity of the suit. Section 11 C.P.C. contains the rule of res judicata whereby a judgment having attained finality is used to stop agitating the same issue in another suit.

3. The first suit i.e. Title Suit No. 44 of 1978 was ostensively brought for partition. In the said suit the present defendant no. 1 was defendant no. 5 being purchaser of properties which were said to be held in unity and liable to be partitioned. In the first suit issue no. 4, as framed by the court