ORDER :- This is a revision against the order of the Subordinate Judge, Manipur, in Judicial Misc. Case No. 44 of 1962, staying the trial of T. S. No. 18 of 1962 under Section 10 Civil Procedure Code.

2. The learned Subordinate Judge has stated that the parties in the suits - T. S. No. 7 of 1961 and T. S. No. 18 of 1962 are the same and that the subject-matter in both the suits is also the same and that as T. S. No. 7 of 1961 is the earlier suit, the trial of T. S. No. 18 of 1962 should be stayed.

3. It is evident that the learned Subordinate Judge, has not looked into the names of parties in the two cases before saying that the parties in both the suits are the same. The Plaintiff in T. S. No. 7 of 1961 is one Iboton Singh, while the first Defendant is Dwijamani Sarma and Defendants 2 and 3 are two brothers, the sons of one Toloi Singh and the 4th defendant is Tikendrajit Singh son of Shengoi Singh. The plaintiff, Iboton Singh filed the suit for evicting defendants 2 to 4 from a certain land and claiming loushal from defendants 2 and 3, who are said to be tenants under the first defendant from whom, the plaintiff purchased the property. The 4th defendant was added as a party in Apri

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