The Court : This is an application made by the second defendant, in this suit, for a declaration that an English judgment and decree dated 10.12.96 operates as a res judicata in this suit, and that this suit be dismissed.

2. The judgment and decree was passed by the Hon'ble Mr. Justice Tuckey in the Commercial Court, Queen's Bench Division.

3. Mr. Chakrabarti supports these prayers on the basis of section 11 of the Code of Civil Procedure. He submits that even if this suit is not dismissed, or a declaration as prayed for is not granted, the suit should be permanently stayed.

4. The short material facts are these. Sometime in the middle of 1995, the second defendant and the plaintiff negotiated for sale and purchase of certain specialty articles. The sale was to be of 1,000 metric tonnes, 5% more or less at the seller's option, at a price of 1220 US dollars per metric tonne.

5. A fax message was signed and sent on the 10th of August, 1995 from the second defendant, which the plaintiff signed on the 22nd of that month and thereafter returned it. I shall hereafter call this the first document. The first defendant is the agent of the second of India.

6. On the 22nd of August, 1995