THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.3358 of 2009 ORDER: This revision is filed under Article 227 of the Constitution of India challenging the order, dated 08.06.2009, passed by III Additional Senior Civil Judge, Kakinada in I.A.No.186 of 2009 in O.S.No.591 of 2008, whereunder the application filed under Section 10 read with Section 151 C.P.C to stay the trial of the suit, was dismissed. Indisputably, Pauper O.P.No.125 of 2000 filed by the petitioner earlier was dismissed by the Principal Senior Civil Judge, Kakinada and he was not permitted to sue as an indigent person. Aggrieved by the same, the petitioner filed A.S.No.264 of 2006 and the same is pending before IV Additional District Judge, Kakinada. Even if the said appeal is allowed, the petitioner will be permitted to sue as an indigent person only from the date permitted as such, and the same will not operate from the date of institution of the O.P. Hence, it can be said that O.P.No.125 of 2000 is not prior to the filing of the suit. Therefore, applying the principle of res subjudice, the trial of the suit cannot be stayed. In view of the same, the discretion exercised by the lower Court does not suffer from any illegality in exercise of the jurisdiction warranting interference by this Court The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 07.08.2009 va