Honble SHARMA, J.–It is noteworthy that, while Sec. 11 CPC provides that no Court shall try any suit or issue etc. Section 10 CPC merely says that no Court shall proceed with he trial of any suit etc. It follows that the mere fact that one issue is common in the two suits, would not necessitate the stay of the subsequent suit. Although the words ``matter in suit cannot be held necessarily to mean the subject matter in dispute, it seems clear that they must mean the entire matter in controversy and not one of several issues in the case. Had the intention of the legislature been to widen the scope of Sec. 10 CPC so as to make it coextensive with Sec. 11 the language employed would have been identical.

(2). In the light of this settled legal position I proceed to adjudicate an interes- ting question regarding the interpretation of Sec. 10 CPC arises in this revision filed by the defendant petitioner (for short the defendant) against the order dated 28.9.1996 passed by the Additional District Judge No.6 Jaipur District whereby the application u/S. 10 CPC filed by him for staying the civil suit No. 77/96 was dismissed.

(3). A brief reference to the factual aspects would suffice before I d

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