ORDER

Lort-Williams, J. - These are cross-applications, one by Dewan Jagbir Sawhney u/s 10, Civil P. C, to stay a suit filed in this Court by Bhagat Singh Bugga against Sawhney, and one by Bugga to restrain Sawhney from proceeding with a suit filed by him against Bugga in the Court of the Subordinate Judge at Gujranwala. The Gujranwala suit was filed on 12th March 1940, and the Calcutta suit on 30th March 1940, but Bugga had filed a previous suit No. 1081 of 1937 in this Court on 26th June 1937, claiming the same reliefs. That suit was withdrawn by consent, with liberty to bring a fresh suit if necessary, because the parties had agreed to refer the dispute to arbitration which eventually proved infructuous. For the last 12 years Bugga has resided with his family, consisting of his mother and sisters, and carried on business in Calcutta as a broker and dealer in stocks and shares and is a member of the Calcutta Stock Exchange. Since 1936 Sawhney has employed him as his broker in various share dealings carried through in accordance with the rules and usages of the Calcutta Stock Exchange. Sawhney lives at Ramkola in the District of Gorakhpur near Lucknow and used to instruct Bugga by