Mr. K. Kannan, J.:- The revision is against the dismissal of the petition filed by defendant for stay of proceedings brought by another defendant in the suit who had himself filed an independent suit with reference to the subject matter of suit and some other items which according to him had been omitted to be included. The principal issue at challenge was consideration of whether the properties belong to a Joint Hindu Family or not. The defendant who is the petitioner here contested the suit but failed in his defense. The 1st suit had been instituted on 24.10.2000 and the decree against the petitioners as LRs of Didar Singh, the brother of the plaintiff in the suit had preferred an appeal. One of the defendants and a heir of Didar Singh and brother of the plaintiff had filed a separate suit for his own rights to be declared on the same basis that the properties belong to Hindu Undivided Family and made a specific mention of the fact that the earlier suit filed by his brother was pending. It is urged by the counsel appearing on behalf of the respondent that as a matter of fact if the suit instituted by the respondents subsequently, he has included also some more items which