Code of Civil Procedure, 1908–Sec. 10–Stay of proceedings–Justification–In the earlier proceedings, petitioner was directed for not dispossessing the respondent without adhering the due process of law–He filed the subsequent suit for possession–Whether the subsequent suit could have been stayed?–Held, no–His independent right to seek possession of the property shall co-exist with the respondents independent right of seeking specific performance–Impugned order quashed and set aside.
