Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 10 & 151---Stay of suit---Essential ingredients enumerated Five essential ingredients which must be fulfilled before directing stay of subsequently instituted suit, are; matter in issue in both suits must be directly and substantially the same; previously instituted suit must be competent in a Court of competent jurisdiction; Court before which previous suit was pending must be competent to grant relief in subsequent suit; both suits must be between same parties or their representatives; and parties must be litigating in both the suits under the same title. Where all such conditions were fulfilled, it was incumbent upon Court trying subsequently instituted suit- to stay further proceedings, but if all conditions for exercise of jurisdiction under section 10, C.P.C. were not strictly fulfilled in order to achieve ends of justice, suit could be stayed under section 151, C.P.C. or trial of two suits must be consolidated. (b) Civil Procedure Code (V of 1908)--- ----S. 10---Stay of suit---Purpose---Intention and spirit behind scheme of S.10, C.P.C. is to avoid duplication of trial on same cause of action and to obviate conflict of decisions as well as unnecessary labour on adjudication of a common suit. THIS JUDGMENT DELIVERED BY: RANA BHAGWAN DAS, JUSTICE:---.--- This appeal under section 15 of the Civil Procedure Code (Amendment) Ordinance, 1980 is directed against the order dated 6-12-1990 passed by a learned Single Judge staying the proceedings in Suit No. 1190 of 1989 brought by the appellants against the respondents. 2. The crux of the dispute between the parties revolves around alleged illegal dispossession from tenements on Plot NO. D-9, Rizvia Cooperative Housing Society Ltd., Karachi which was let out to the appellant No. l where he was running an eye-clinic by virtue of lease agreements dated 29-3-1968 and 1-1-1972 respectively. Appellant No.2 is the wife of appellant No.l and is an specialist in fitting and prescribing "contact lenses" and "low visual aids" and assists the appellant No. 1. Sometimes in 1979-80 landlord refused to accept the rent from appellant No.1 prompting him to institute a…

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