P. C. MALLICK, J.

( 1 ) THIS is an application for stay under Section 10 of the Code of Civil Procedure.

( 2 ) THIS suit was instituted by the plaintiff firm for the recovery of the sum of Rs. 7669. 87 np. on a commis sion agency agreement. The defendants impleaded are the firm of Nawal Kishore Debi Prosad, with whom the plaintiff had the said commission agency agreement. Defendants No. 2 and 3, are the partners of the said firm of Nawal Kishore Debi Prosad. It is alleged in the plaint that the defendant firm has become liable to pay under the said agreement the sum claimed in the plaint, the accounts between the two firms, in terms of the agreement, were adjusted at the end of the Sambat years and the amount claimed has been found to be due on such adjustment. After giving credit for the amounts paid, for the recovery of the balance the instant suit has been instituted. Two of the defendants, namely, the defendant firm and defendant No. 2 have not entered appearance for have they filed their written statement. Defendant No. 3 has only entered appearance, but has not filed written statement. Instead, he has taken, out the present notice for stay on the ground that he had institut

Click Here to Read the rest of this document