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1939 Supreme(All) 172

VERMA
Firm Bichchha Ram Babu Ram – Appellant
Versus
Firm Baldeo Sahai Suraj Mal – Respondent


JUDGMENT

Verma, J. - This is an application for revision by the defendant, Firm Bichchha Ram Babu Ram, which carries on business at Shahabad in the district of Karnal in the Punjab. The plaintiff, Firm Baldeo Sahai Surajmal, carries on business as pucca arhatia at Hapur in the district of Meerut in these Provinces. The defendant entered into certain transactions with the plaintiff, which were in the nature of forward contracts in respect of grain. The suit is for the recovery of a sum of money alleged to be payable by the defendant to the plaintiff. It appears that the defendant also has filed a suit in respect of the same transactions in the Court of the Subordinate Judge of Ambala. That suit was filed earlier than the suit filed by the present plaintiff in the Court at Meerut. The defendant applied to the Court below that the suit be stayed u/s 10, Civil P.C. The Court below, for certain reasons which it is not necessary to mention for the purposes of this revision, has held that the suit should not be stayed. It has also at the request of the present plaintiff issued an injunction to the defendant, applicant before us, restraining him from proceeding with the suit filed by him at

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