D. P. MOHAPATRA, J.

( 1 ) THIS revision petition is directed against the order dated 1-10-1983 by the Subordinate Judge, Cuttack in Tille Suit No. 149/494 of 1981/1983 rejecting the petitioner's application under Section 10, Civil P. C. The question that arises for consideration is whether in a case where the ingredients of Section 10, Civil P. C. are satisfied, has the Court no jurisdiction to direct consolidation of the two suits? The two suits in question in the Present case are Title Suit No. 233 of 1931 and Title Suit No. 149/494 of 1981/1983. The former was filed on 3-10-1981 in the Court of the Subordinate Judge. Cuttack and the latter in the Court of the First Munsif, Cuttack on 16-11-1981. By order dated 5-7-1983 of the District Judge, Cuttack Title Suit No. 233 of 1981 was transferred to the Court of the Additional Sub-Judge, Cuttack. Again by 12-9-1983 both the suits were transferred to the Court of the Subordinate Judge, Cuttack. On 15-4-1982 the petitioners (defendants in the said suit) filed an application under Section 10, Civil P. C. in Title Suit No. 149/494 of 1981/83 for stay of the further proceedings of the said suit till disposal of the Title Suit No. 233 of