THE HON'BLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.805 of 2008 ORDER: Heard Ms. N.V.R. Rajyalakshmi representing on behalf of Sri Sudhakar Reddy, learned counsel for the petitioner and Sri Mohd. Ghulam Hussain, learned counsel for the respondent. The petitioner/defendant filed this revision petition under Article 227 of the Constitution of India, challenging the order dated 13.02.2008 passed by the Principal Senior Civil Judge, Vijayawada, in I.A.SR.No.2146 of 2008 in O.S.No.2164 of 2008. The petitioner defendant filed the above application under Section 10 C.P.C seeking to stay the trial of the above suit till the disposal of the suits in O.S.No.1363 of 2002 and O.S.No.780 of 2003 on the file of the I Senior Civil Judge, Hyderabad. The lower Court, even without numbering the application rejected the application as not maintainable The respondent/plaintiff submits that there is no justification in the application for staying the trial of the suit. However, the fact remains that the application has not been numbered nor any opportunity has been given to the petitioner to apprise the merits of both the suits. In fact, neither the case as set forth at this stage is considered nor any finding as required under law in an application of this nature as contemplated under Section 10 C.P.C., which is held to be mandatory, is given. Under the above circumstances, the rejection of application at the SR stage is absolutely unsustainable. Accordingly, the Civil Revision Petition is allowed setting aside the rejection order dated 13.02.2008. The lower Court is directed to process the application, number the same, and after giving opportunity to both the parties, dispose of the same within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ (B. PRAKASH RAO, J.) 24th June, 2010 Js.