ORDER :- This application in revision is from an order of the Additional Civil Judge, Pilibhit allowing the plaintiff's application for amendment of the plaint by impleading one Akhtar-ul-Zama as defendant no. 2 in the suit.

2. It appears that suit no. 12 of 1957 was stayed under Section 10 C. P. C. by the Civil Judge during the pendency of F. A. No. 207 of 1957 in this Court inasmuch as the matter in issue in the present suit was also directly and substantially in issue between the parties in the said First Appeal. It was said that the Civil Judge had no jurisdiction to entertain an application for amendment by impleading defendant no. 2 as a party to the suit as the trial of the same had been stayed under Section 10 C. P. C. The learned Civil Judge repelled the contention and allowed the amendment.

3. In this Court it was strenuously urged that Section 10 was a complete bar to the making of an interlocutory order in the suit which had been stayed under that Section. Strong reliance was placed on the words "no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially at issue in a previous instituted suit between the same parties"

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