IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.681 of 2009 USHA DEVI, W/O DR. KAMLESHWAR DUBEY, D/O HARIHARSHARAN DUBEY, R/O VILLAGE SEWARHI (NEAR SANGIT CINEMA HALL), P.O.-SEWARHI, P.S.-SEWARHI, DISTRICT-KUSHINAGAR (UTTAR PRADESH) …………DEFENDANT/PETITIONER. Versus 1. KASHINATH DUBEY @ KASHI DUBEY 2. DEWTA DUBEY 3. DHRUPDEO DUBEY ALL (1 TO 3), S/O LATE DURGASHARAN DUBEY, R/O VILLAGE DUBEY KHAREYA, P.O.-SHONAHULA, P.S.- GOPALPUR, DISTRICT-GOPALGANJ …………PLAINTIFF/OPP. PARTIES 1ST SET. 4. SHANTI DEVI, W/O KESHAV PANDEY, D/O HARIHARSHARAN DUBEY, R/O VILLAGE AMEYA, P.O.- AMEYA, P.S.-KATEYA, DISTRICT-GOPALGANJ 5. RAMPRABESH DUBEY, S/O LATE HARI SHANKAR DUBEY 6. DURGAWATI, W/O NAND KISHORE DUBEY 7. NAND KISHORE DUBEY, S/O LATE GANGA DUBEY ALL 4 TO 7 R/O VILLAGE-DUBEYA KHARYA, P.O.- SHUNHULLE, P.S.-GOPALPUR, DISTRICT-GOPALGANJ. …………DEFENDANTS/OPP. PARTIES 2ND SET. ----------- 2 01.05.2009 Heard learned counsel for the petitioner. This civil revision application has been filed by the defendant against order dated 30.1.2009 passed by learned Sub- Judge-I, Gopalganj in Title Suit No. 31 of 2008. By the said order the learned court below has rejected the petition of the defendant- petitioner filed under Section 10 of the C.P.C. for staying the proceeding of the suit pending decision of Title Suit No. 319 of 2002 which is pending before the same court. Learned counsel for the petitioner submits that the subject matter of both the suits are same and this suit has been filed by the plaintiffs who are defendant in the earlier suit only to circumvent the proceedings of the earlier suit. The learned court below, considering the submissions of the defendant-petitioner has found that the issues and relief sought for in the two suits are different and, therefore, he did not find any merit in the application of the defendant-petitioner under Section 10 of the C.P.C. and, therefore, the same was rejected. Apparently the subject matter of the suit being same can not be a ground for staying the proceeding of the subsequent suit pending decision the earlier suit under the provisions of Section 10 of the C.P.C. However, that can be a ground for proceeding with the suit together and side by side by fixing same dates in both the suit for convenience of the parties and for final adjudication of right, title and interest of the parties in the common subject matter. In the circumstances, this revision application is disposed of with liberty to the petitioner to take steps in accordance with law for hearing of both the suits together. Arvind/ ( J. N. Singh, J.)