CRP 37/2011 BEFORE HON’BLE MR. JUSTICE S. TALAPATRA Heard Mr. M.A. Sheikh, learned counsel appearing for the petitioner. This is a petition under Article 227 of the Constitution of India against the or der dated 16.11.2011, as passed in Title Suit No.67/2010, pending in the court o f the learned Munsiff No.1, Goalpara, Assam. Learned counsel appearing for the petitioner submits that the defendant-petition er herein filed a petition under Section 10 of the Code of Civil Procedure for s taying of the latter suit on the same issue as filed by the respondent-plaintiff . By the order impugned herein, the learned Munsiff has rejected the said prayer, as the same was not filed before or at the time of settlement of the issue. On perusal of the said order, this court is prima facie satisfied to issue notic e. Issue notice, returnable on 06.03.2012. The petitioner shall take steps on the respondents by registered post with A.D. within three days from today. Till the returnable date, the proceeding of Title Suit No.67/2010, as pending in the court of the learned Munsiff No.1, Goalpara, Assam shall remain suspended.