( 1 ) THIS revision has been referred to a Division Bench by a learned Single Judge of this Court. The question that arises for decision was whether the subsequently instituted suit could be stayed under Section 10 of the Code of Civil Procedure. The facts on which this matter has to be decided are as follows. The plaintiff (petitioner here) filed a suit No. 5-B of 1969 in the Court of the Additional District Judge, ambikapur, on 13th March. 1969. In this suit, he claimed a decree for Rs. 56,000/- on account of having constructed 14 isolation stoppings on the basis of an oral order for construction. He subsequently filed another suit No. 2-B of 1970 in the Court of the Civil Judge, Class I, Ambikapur, for recovery of Rs. 6,577. 13 as balance of the amount due for having constructed 25 ventilation stoppings on the basis of a written work order dated 6th September, 1963.

( 2 ) THE defence filed in the previously instituted suit before the Additional District judge was that 14 isolation stoppings had been constructed by the plaintiff, that the order for the construction was not a separate oral order, but the same original written order dated 6th September. 1963 was sub