IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.10 of 2009 SARDAR RAJENDRA SINGH Versus KISHORI LAL GROVER & ANR ----------- 2 15.01.2009 Heard Mr. Anish Chandra Sinha, learned counsel for the petitioner. Section 10 of the Code of Civil Procedure does not envisage stay of the earlier suit. That being so, even if the plea of the petitioner for the time being may be accepted that the scope of the Title Suit No. 494 of 2007 and the scope of the Eviction Suit No. 10 of 2004 are one and the same, it is the subsequent title suit whose proceeding could be stayed in terms of Section 10 of the C.P.C. The prayer of the petitioner, however, before the Court below was just to the contrary and in fact the petitioner wanted stay of the eviction suit which was the earlier suit that could not have been allowed by the court below in keeping with the spirit of Section 10 of the C.P.C.. That being so, the court below has not committed any jurisdictional error in passing the impugned order. Accordingly, this Civil Revision application being wholly misconceived is hereby dismissed. Bibhash (Mihir Kumar Jha, J.)