IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19829 of 2011 Prasant Kumar Gupta Versus Smt.Punam Gupta & Ors ---------------------------------- 03. 02.12.2011 Heard the learned counsel for the petitioner. The petitioner has filed this application under Article 227 of the Constitution of India for setting aside the order dated 09.09.2011 passed by Sub Judge I, Patna City in Title Partition Suit No.236 of 2008 whereby the learned Court below rejected the application filed by the petitioner under Section 10 of the Code of Civil Procedure. It appears that after filing of this Title Partition Suit No.236 of 2008, the present petitioner has filed Guardianship Case No.166 of 2009. Thereafter, the application under Section 10 C.P.C. has been filed in the earlier suit i.e. partition suit praying therein to stay the further proceeding of the suit till the disposal of Guardianship Case No.166 of 2009. The learned Court below rejected the said application filed under Section 10 C.P.C. on the ground that the earlier suit cannot be stayed because of pendency of subsequent suit. A Division Bench of this Court in the case of Smt. Tara Devi vs. Smt. Kamla Gupta, AIR 1999 Patna 103 has held that Section 10 C.P.C. do not provide for stay of earlier suit pending disposal of subsequent suit. The Court cannot take recourse of 2 Section 151 C.P.C. to stay earlier suit. In view of the above Division Bench decision of this Court, I do not find any reason to interfere with the impugned order passed by the Court below. Therefore, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)