1. - The only question involved in this case is as to whether the trial Court is permitted to take away the effect of the order passed under section 10 CPC staying the further proceedings in a subsequent suit in an application subsequently filed by another party under section 151 CPC for consolidation of the suits.

2. Arguments have been advanced by the learned counsel for the petitioner Shri Punia on the presumption as if the trial Court has a power to hear both the applications simultaneously, one filed under section 10 CPC by one party and another filed under section 151 CPC for consolidation of the suits filed by another party.

3. That situation is entirely different because in that situation, it may be permissible for the trial Court to dispose of both the applications by a common order and rejecting the application under section 10 CPC and allowing the application under section 151 CPC.

4. Shri Joshi and Shri Bhansali, learned counsel for the respondents, have vehemently submitted that as the application under section 10 CPC has already been decided and proceedings in the subsequent suit had been stayed, the trial Court, under the garb of deciding the application under