SAIKIA, J. :- Hansaria, J. sitting singly has referred the following question to Division Bench :

"Whether recourse to S.151, C.P.C. is permissible for staying a suit or for injuncting a plaintiff of a later suit from proceeding with his case under those circumstances where the requirements of S.10, C.P.C. are not satisfied." 2. The question has arisen under the following facts and circumstances. The plaintiff-petitioner instituted Money Suit No. 59/75 against the defendant-opposite party No. 1 and two others for Rs. 3,696/- being the price of 132 maunds of paddy on account of damage for use and occupation of 10 B. 4 K. 16 Laches of plaintiff petitioners land. Munsiffs court decreed the suit for Rs. 21/- holding that the defendant was a tenant under the plaintiff. The plaintiff preferred therefrom Money Appeal No. 5176 before the Assistant District Judge who allowed the appeal decreeing the suit for Rs. 3,696/-. The defendant therefrom preferred Second Appeal No. 6/78 which was still pending in the High Court.

3. The plaintiff-petitioner later on 27-2-78 instituted Title Suit No. 15-78 against the defendants-opposite parties Nos. 1 and 2 in respect of 13 B. 2 K. 2 Ls. of la