( 1 ) THIS appeal is directed against the order of the Additional Civil Judge, Aligarh dismissing toe appellants application under Order IX, Rul e9 of the Civil P. C.

( 2 ) M/s. Bijli Cotton Mills (Private) Ltd. carrying on business at Hathras in district Aligarh, filed a suit No. 55 of 1967 against M/s. Chhaganmal Bastimal, a partnership firm, carrying on business at Mewar Bazar, Beawar, District Ajmer (Rajasthan), Along with the defendant firm Sri mishri Lal and Sri Gheesu Lal, the partners of the firm, were also arrayed as defendants. The plaintiff claimed relief for a decree of Rupees 4,85,000/- against the defendants. 2-A. The defendants appeared, filed written statement and contested the suit denying the liability.

( 3 ) ON 8-7-1970 issues were framed, but the suit could not proceed for one reason or the other. On 6-2-1971 counsel for both the parties made a joint statement before the Court that hearing of the suit be stayed till the final decision of the suit No. 47 of 1966, Chhaganmal Bastimal v. Bijli cotton Mills (Private) Limited pending in the Court of the Additional District Judge, Ajmer. On the statement of the counsel for the parties, the Court stayed