1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.7226/2008 Parasmal Versus Govindram Jeswani & Others Date of Order :: 30th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. V.K. Mathur for the petitioner BY THE COURT: Heard learned counsel for the petitioner. 2. The defendant no. 3-petitioner has preferred this writ petition challenging the impugned order dated 22nd May, 2008 passed by the trial court rejecting his application under Section 10 readwith Section 151 CPC for staying the further proceedings of suit no. 21/2005 (19/2005). Admittedly the present suit was filed on 23rd May, 2005, whereas the subsequent suit was filed on 12th March, 2007. The prayer of the learned counsel for the petitioner is that the proceedings of the earlier suit should be stayed, whereas as per Section 10 of CPC, the subsequent suit can be 2 stayed and not the earlier suit. The trial court has further observed that the matter in issue and the parties are also not the same and the subsequent suit has been filed in the Court of Civil Judge, whereas the present suit has been filed in the court of Additional District & Sessions Judge. In view of above, the trial court refused to stay the further proceedings of the present suit. The reasons assigned by the trial court appears to be perfectly justified in the eye of law and no interference can be made in the said order by this Court under Article 227 of the Constitution. There is no merit in the writ petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK