CRP 237/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr S Chamaria, learned counsel for the petitioner and Mr K Das, le arned counsel for the respondent. The petitioner herein as the plaintiff had instituted Money Suit No. 71/ 08 against the respondent in the Court of the Munsiff No. 1 at Nalbari praying f or a decree inter alia for an amount of Rs. 47,472/- claiming that the same is d ue and outstanding from the latter. While the said suit was pending the responde nt instituted Money Suit No. 3/09 in the Court of the Munsiff No.1, Nagaon prayi ng for a decree registering its monetary claim against the petitioner. Situated thus, the petitioner having perceived identicalness in the issues in both the su its filed an application in the latter proceeding for stay thereof under Section 10 of the Code of Civil Procedure (for short, hereinafter referred to as ’the C ode’). Meanwhile, the respondent had approached this Court with CRP No. 152/2010 questioning the jurisdiction of the Court at Nalbari to entertain Money Suit No . 71/08. By an order dated 14.5.2010, while issuing notice, this Court in the in terim stayed the proceedings in Money Suit No. 71/08. The learned Munsiff No.1, Nagaon by the order impugned herein refused to stay the proceedings in Money Sui t No. 3/09 and decided to proceed therewith as by the aforementioned order of th is Court further proceedings Money Suit No. 71/08 had been kept in abeyance. Mr Chamaria has appraised this Court that by an order dated 24.8.2010 of this Court CRP No. 152/2010 has been dismissed and the interim restraint has be en vacated. According to him, therefore, this petition needs to be disposed of w ith a direction to the Munsiff No.1, Nagaon to consider the petitioner’s applica tion under Section 10 of the Code and to pass appropriate orders thereon after h earing the parties. Mr Das, learned counsel for the respondent does not dispute the dismissa l of CRP No. 152/2010 as above. In the above view of the matter, the very basis of the impugned order da ted 2.6.2010 having been rendered non-est by the dismissal of CRP No. 152/2010, it is considered appropriate to close this petition by requiring the learned Mun siff No.1, Nagaon to dispose of the petitioner’s application under Section 10 of the Code on merits. This is more so as it is submitted at the Bar that the peti tion has not yet been disposed of finally. The order dated 2.6.2010 also does no t indicate final disposal of the said application. Ordered accordingly. The parties would now appear before the learned Munsiff No.1, Nagaon on 5.1.2011 to take final orders as indicated hereinabove. The petition is allowed in the above terms.