( 1 ) BY this application the original defendant challenges the order passed by the learned Judge in the City Civil Court (Seventh Court) Ahmedabad whereby he instead of staying the subsequently instituted suit under sec. 10 of the Code of Civil Procedure directed that the subsequently instituted suit should be tried and decided along with the previously instituied suit. The facts giving rise to the present Revision Application in a nutshell are as under:

( 2 ) THE plaintiff Rustom Jehangir Vakil Mills Company Limited placed an order with the defendant for the manufacture of three roll calendar machines to be erected and installed at the defendants cost at its factory on or before 31/03/1974. The Sales Manager of the defendant firm accepted the order at Ahmedabad and received a cheque for advance payment from the plaintiff Company. Under the contract the price was fixed at Rs. 3 10 0 less 5 per cent discount. The advance payment was made to the extent of 30 per cent of the price that is Rs. 88 350 The order was confirmed in writing on 13/11/1973. Thereafter in the month of January 1974 the plaintiff Company inquired about the progress in the manufacture of the machne