1 WP 3471/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3471 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mrs. Jai V. Kanade for the petitioner. Mr. S.D. Shinde for respondent no.5. CORAM : D.G. KARNIK, J. DATE : 24TH NOVEMBER 2010 P.C. : 1. Heard learned counsel for the petitioner. 2. The application made by the petitioner- plaintiff for stay of his own suit under section10 of the Code of Civil Procedure (for short “C.P.C.”) was rejected by the Court by an order dated 4th November 2009. That order is impugned in this petition. 3. Section 10 of the C.P.C. provides that no court shall proceed with the trial of any suit in 2 WP 3471/10 which the matter in issue is also directly and substantially an issue in a previously instituted suit between the same parties. The condition precedent for stay of the second suit is that the matter in issue in the second suit must be directly and substantially in issue in the previous suit. Learned counsel for the petitioner was unable to point out any issue in the second suit which is directly or substantially involved in the previous suit. In fact, he has not even filed a copy of the issues framed in the second suit. The case for stay of the suit under section 10 of the C.P.C. is not made out. No interference is called for in exercise of writ jurisdiction. The writ petition is rejected summarily. (D.G. KARNIK, J.)