This revision petition arises out of an order dated 9.6.87 passed by the learned Munsiff No.2 at Mangaldoi in Title Suit No. 11 of 1986 whereby the prayer of the defendant for stay of the suit under Section 10 of the Code of Civil Pocedure, 1908 hereinafter "the C. P. C' was rejected.

2. The petitioner is the tenant in respect of the suit pre­mises belonging to Shri Durgadhar Barman, the plaintiff in Title Suit No. 11/86. The suit was filed by Shri Durgadhar Barman for eviction of the petitioner which was numbered as Title Suit No.11/86. In the said suit, the petitioner-defendant filed a petition under Section 10 of the CPC praying for stay of the proceedings on the ground that the matter in issue in the said suit was directly and substantially in issue in a previously instituted suit between the same parties which was pending in the same Court and numbered as Title suit No.68/85. The earlier suit had been filed in the same Court by the petitioner against the opposite party for a declaratory decree to the effect that the suit house if sold has to be sold to him (the defen­dant No.1) at the prevailing market rate. The learned trial Court by impugned order dated 9.6.87 held that the m

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