Honble LODHA, J.–The appeal is admitted, Mr. Naveen Dhuan Advocate waives service for respondents No. 1 and 2. In view of the controversy that is involved in the appeal, we heard the counsel for the parties for final disposal of the appeal at this stage itself.

(2). The present appellant is the original plaintiff. In the civil suit No. 57/1995 he prayed for a decree of specific performance of the agreement to sale date 22.3.1992 against the present respondents No. 1 and 2 (original defendant Nos. 1 and 2) and other incidental reliefs. For the sake of brevity and convenience, we shall refer the appellant, `the plaintiff and the respondents No. 1 and 2, `the defendants.

(3). Upon service of summons, the defendants made an application under Section 10 of the Code of Civil Procedure (`CPC for short) for staying the trial in the aforesaid suit because in the suit (301/1991) filed by them before the Delhi High Court against the present appellant, the issue concerning the agreement dated 22.3.1992 was directly involved.

(4). The trial Court by its order dated 12.2.1998 stayed the trial of the suit until the disposal of the previously instituted civil suit (301/1991) by the Delhi High Court.

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