Code of Civil Procedure, 1908–Sec. 10 & Order 7, Rule 11(a)–Application for stay of subsequent suit and alternatively, dismissal of same for want of cause of action–Dismissed–Averments made in plaint revealing that the subject matter and the parties of suit are not same–Held, application was rightly dismissed–Further held, plea of consolidation is also misplaced as both suits are based on differents notices issued u/s. 106 of T.P. Act.
