IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.820 of 2006 JUGUL THAKUR Versus RAM PARIKSHAN SINGH & ORS ----------- 7 10.11.2008 Heard Counsel for the parties. In the opinion of this Court, when the two suits are exclusively for one piece of land and amongst the same parties, the scope of the impugned order holding that the earlier suit will proceed and the latter suit shall remain stayed is only the observance of law in terms of Section 10 of the Code of Civil Procedure. This Court cannot find any error in such approach of the Court below in passing the impugned order. The apprehension as expressed by the Counsel for the petitioner that in the earlier suit Title Suit No. 396 of 2002, the petitioner, in capacity of defendant, will be precluded from taking the plea with regard to the correctness of the sale deed dated 7.11.1974/11.11.1974 as his main plank of defence, is definitely misconceived. The moment for the same plot of land in the earlier suit, the sale deed in favour of the petitioner has been challenged, it will always be open for the petitioner to take each and every defence that is available to him in law and the Trial Court is therefore expected to frame the issues and decide the same. 2 That being the position in law, this Court does not find any error in the impugned order and accordingly, this civil revision application is hereby dismissed. Rsh (Mihir Kumar Jha, J.)