JUDGMENT :

Tarlok Singh Chauhan, J.

This petition under Article 227 of the Constitution of India at the instance of the husband takes exception to the order passed by learned Additional District Judge-1, Solan on 14.1.2016 whereby his application under Section 10 read with Section 151 of the Code of Civil Procedure (for short the 'Code’) for staying the proceedings has come to be dismissed.

2. The facts giving rise to the present petition may be noticed. The proceedings pending before the learned trial Court (Additional District Judge-1, Solan) have been instituted by the respondent under Section 12 of the Hindu Marriage Act (for short 'Act’) wherein the petitioner moved application under Section 10 of CPC on the ground that earlier petition instituted by the petitioner under Section 13 of the Act was already pending adjudication before the learned District Judge, Shimla. The respondent had not only put in appearance, but had also raised similar plea regarding impotency of the petitioner and had further raised certain other contentions, which were similar to the one set out in the present petition.

3. It was further averred that the relief sought by the respondent in the impugned proce