1. The petitioner before this Court, has filed a suit for recovery of money against the respondent and the suit was filed for recovery of Rs.67,970/-. The plaint was presented on 10.10.2014 with proper Court-fees and the same was registered on 13.10.2014.

2. The respondent has also filed a civil suit on 21.7.2014 without paying the Court fees and after the court-fees was paid the suit was registered on 5.12.2014.

3. The respondent who was defendant in Civil Suit No.7-B/2014 has preferred an application under section 10 of the Code of Civil Procedure, 1908 for staying the proceedings of the said suit on the ground that he has already preferred a civil suit before the 2nd Civil Judge Class-II, Shujalpur Distt. Shajapur.

4. A reply was filed by the present petitioner and it was stated that the suit filed by the petitioner has to be treated as the suit filed prior in time and therefore, the application preferred under section 10 of the Code of Civil Procedure, 1908 be dismissed.

5. The trial Court has allowed the application by the impugned order.

6. Learned senior counsel has vehemently argued before this Court that the suit filed by the present petitioner i.e. Civil Suit No.7-B/2014 was filed on 10.10.2014 and was registered on 13.10.2014 as the court-fees was paid and the civil suit filed by the respondent – defendant which was registered as Civil Suit No.8-B/2014 was filed on 21.7.2014 and it was filed without paying the court-fees. After the court-fees was paid, it was registered on 5.12.2014.

7. Learned senior counsel has also vehemently argued before this Court that civil suit should be treated as the civil suit instituted prior in time, therefore, by no stretch of imagination the trial Court could have passed the impugned order.

8. The statutory provisions which are necessary for adjudicating the present writ petition are contained in sections 10 and 26 of the Code of Civil Procedure, 1908. The same are reads as under :-

“10. Stay of Suit – 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 1[India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government]3[***] and having like jurisdiction, or before 4[the Supreme Court].

Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action.

26. Institution of suits – 1[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

2[(2)] In every plaint, facts shall be proved by affidavit.]”

9. Similarly the Order IV rule 1 and Order VII rule 1 of the Code of Civil Procedure are reads as under :-

Order IV rule 1 –

1. Suit to be commenced by plaint– (1) Every suit shall be instituted by presenting a 2[plaint in duplicate to the Court] or such officer as it appoints in this behalf.

(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.

3[(3) The plaint shall not be deemed to by duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).]

Order VII rule 1 –

1. Particulars to be contained in plaint – The plaint shall contain the following particulars : —

(a) the name of the Court in which the suit is brought;

(b) the name, description and place of residence of the plaintiff;

(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the