The Order of the Court was as follows :

Application by way of Judge's summons under O. XIV, R. 8 of the Original Side Rules for stay of proceedings in C.S. No. 539 of 1989 pending disposal of the original Suit No. 9630 of 1986 on the file of the City Civil Court, Madras.

2. The applicant is the defendant in the present suit. In his affidavit he states that the present suit No. 539 of 1989 has been instituted against him for the recovery of sums due in respect of the Housing loan granted to him. Plaintiff has also sought to foreclose the Housing Loan under the pretext that the defendant has left the plaintiff Organisation.

As per the plaint averments, cause of action for the above suit arises as this defendant has left the Organisation. Whereas the defendant has not left the Organisation. He is a permanent employee of the plaintiff-Corporation since 1972. He has filed O. S. No. 9630 of 1986 on the file of the City Civil Court, Madras challenging notice of termination dated 1-10-1986 issued to him. The matter in issue in that suit is also directly and substantially in issue in the present action. Hence this application to stay the proceedings under S. 10 of the Code of Civil