A stay of proceedings under Section 10 of the Code of Civil Procedure can only be granted if the decision in one suit would non-suit the other.

( 1 ) THIS application under Article 227 of the Constitution of India is directed against an order being Order No. 27 dated 7th February, 2005 at the instance of the pre-emptee/petitioner.

( 2 ) LET me give the short background of the dispute between the parties leading to the filing of this revisional application.

( 3 ) THE pre-emptee/petitioner filed a suit for partition against the pre-emptor/opposite party in respect of the plot of land which is also the subjectmatter of the pre-emption proceeding filed by the opposite party against the petitioner herein. The said suit which was filed in the Court of the Civil judge, Senior Division at Midnapur was registered as Title Suit No. 331 of 1999.

( 4 ) SUBSEQUENTLY, the opposite party/pre-emptor filed an application under Sections 8 and 9 of the West Bengal Land Reforms Act for exercising his right of pre-emption in respect of the petitioner's purchase of the land before the learned Civil Judge, Junior Division, 1st Court at Midnapore.

( 5 ) IN connection with the pre-emption proceeding, the pre-emptee/ petitioner filed an application, inter alia, praying for stay of the further proceeding of the pre-emption case till the disposal of the partition suit on the ground that the parties in the partition suit as well as in the pre-emption case are same and identical and the subject-matter of the dispute in the partition suit as well as in the pre-emption case are also similar to each other.

( 6 ) THE petitioner also claims that the fate of the pre-emption proceeding is dependant upon the fate of the partition suit.

( 7 ) UNDER such circumstances, the petitioner prayed for stay of further proceedings of the pre-emption case till the disposal of the partition suit.

( 8 ) THE learned Trial Judge by the order impugned rejected the petitioner's said application for stay by holding, inter alia, that since issues involved in the partition suit as well as in the pre-emption case are distinctly different from each other, conditions for grant of stay under Section 10 of the Code of Civil Procedure are not satisfied in the instant case

( 9 ) SUCH an order of rejection of the pre-emptee's application for stay, is under challenge in this revisional application.

( 10 ) HEARD the learned Advocates of the parties. Considered the materials-on-record.

( 11 ) MR. Mahato, learned Advocate, appearing for the petitioner, submits that though it is true that there is no common issue between the parties in the partition suit as well as in the pre-emption case, but still then the decision in the partition suit has a direct bearing on the dispute involved in the pre-emption proceeding.

( 12 ) MR. Mahato further submits that since the partition suit was filed earlier, the proceedings in connection with the pre-emption case should remain stayed for avoiding a conflict of decision.

( 13 ) IN support of such submission, Mr. Mahato also relied upon a division Bench decision of this Court in the case of Arun General Industries ltd. v. Rishabh Manufacturers Private Ltd. and Ors. , reported in AIR 1972 cal. 128. Relying upon the said judgment Mr. Mahato submits that the learned Trial Judge acted illegally and with material irregularity in rejecting the petitioner's said application for stay when at least some of the issue in the partition suit as well as in the pre-emption proceeding are substantially the same with each other.

( 14 ) MR. Mitra, learned Advocate, appearing for the opposite parties, refuted the said submission of Mr, Mahato by submitting that the decision on the issues involved in the partition suit has no bearing on the dispute involved in the pre-emption case, inasmuch as, the pre-emptor/opposite party has applied for pre-emption on the ground of vicinage and not on the ground of co-sharership. In such a proceeding, the Court will have to consider as to whether the pre-emptor possesses land contiguous to the case land or not. If it is found that the pre-emptor is the