R.S. Garg, J.

1. By the impugned order, the Court below has rejected the plaintiff's application filed under Order 39, Rules 1 and 2 CPC, observing that as the proceedings of the suit were stayed under section 10 CPC, because of the earlier instituted suit No. 20-A/83, the Court would have no jurisdiction to hear and decide an application for grant of an ad interim injuction. In the opinion of this Court, the Court has not appreciated the legal provisions and impact and effect of section 10 CPC. Section 10 provides that 'No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court'. The explanation appended to section 10 of the Code of Civil Procedure provides that the pendency of a suit in a foreign Court does n