JUDGMENT :

RAJNESH OSWAL, J.

1. The petitioner is aggrieved of order dated 25.03.2021 passed by the court of Civil Judge (Second Division Pattan) (hereinafter to be referred as the trial court) by virtue of which the application filed by the petitioner for staying the proceedings of the suit filed by the respondent No. 1, has been dismissed.

2. The instant revision petition has been filed by the petitioner inter-alia on the following grounds:

(a) that the learned trial court has wrongly dismissed the application filed under section 10 of the Code of Civil Procedure (for short the Code) as the matter in issue in the subsequent suit is similar to that in the suit previously instituted by the petitioner as the subject matter of both the suits pertains to the shop and the decision in the suit filed by the petitioner would operate res-judicata in the subsequent suit.

(b) that the learned trial court has wrongly dismissed the application in a mechanical manner as the relief claimed by the respondent No. 1 though pertaining to the same shop, was not capable being granted as she had claimed the relief of declaration without there being any documentary evidence in support thereof.

3. Before this