M.L. Mehta, J.

This petition assails the order dated 10.01.2011 of CCJ/ARC whereby the civil suit being Suit No. 82/10 filed by the petitioner herein against the respondent Pradeep Kumar Aggarwal seeking damages on account of defamation was stayed under Section 10 Civil Procedure Code.

2. The filing of the aforesaid suit for recovery of damages on account of defamation (Suit No. 82/10) by the petitioner herein against the respondent has its genesis in the suit that was filed by the respondent against his (petitioner) sister Deepika Garg @ Deepika Mathur (Suit No. 731/09). This suit being 731/09 was filed by the respondent against Deepika for mandatory injunction and for specific performance and for recovery of Rs. 2,80,600/-. During the pendency of this suit, an application was filed by Deepika (defendant therein) under Order 7 Rule 11 Civil Procedure Code. Simultaneously, an application under Order 7 Rule 10(A) Civil Procedure Code was also filed by the respondent (plaintiff therein). Vide order dated 21.12.2009, the application under Order 7 Rule 10 (A) of the plaintiff therein i.e. Pradeep Kumar Aggawal was allowed and the plaint was returned to him. Thereafter, he filed