Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 10---Stay of proceedings---Parties to the lis were different and distinct and cause of action of both suits were also distinct and different---Amount stated to be recovered. in one suit was different and had no connection to the amount of damages sought to be recovered in other suit---Present suit was under ordinary jurisdiction of the High Court while the other suit filed was governed by Admiralty jurisdiction---High Court disallowed civil miscellaneous application for stay of proceedings. Mazhar Lari for Plaintiff. Adeel Abid for Defendants. ORDER SALMAN HAMID, J.---Through this C.M.A. the defendant No.4 seeks stay of further proceedings of the suit inasmuch as that the suit cannot proceed further as the plaintiffs are litigating under the title Messrs Tahir Omer Industries (Pvt.) Ltd.,/consignee and that such consignee are the plaintiff in Admiralty Suit No.30 of 2006 and that4.they have been subrogated by the present plaintiff in this suit and therefore, by reason of such subrogation their right and remedy to claim amount in this suit would mean to claim exactly the same relief as claimed in Admiralty Suit No.30 of 2006 and therefore, this suit cannot proceed further and is liable to be stayed. Such a position has been vehemently refuted by Mr. Lari, appearing for the plaintiff on the ground that the present suit is limited to the extent of recovery of Rs.6,620,332 which according to him is the amount paid by the plaintiff to the importers under Marine Insurance Policy and therefore, they are entitled to claim the same amount from the defendants and that the recovery of this amount has no nexus or connection to the recovery sought in Admiralty Suit No. 30 of 2006. Mr. Lari further contends that amount of Rs.6,620,332 having been paid by the plaintiff to the importers namely Messrs Tahir Omer Industries (Pvt.) Ltd. the suit amount in such suit (Adm Suit No. 30 of 2006) has been reduced and the amended title has also been filed therein. Bare perusal of section 10, C.P.C. would show that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a…