Pichuvayyangar vs Seshayyangar on 14 December, 1894
2. An application was made to the Subordinate Judge to stay proceedings in his Court as an appeal relating to the same subject-matter between the parties to the suit was pending in the Chief Court of Lower Burma at Rangoon. The Subordinate Judge considered that, as there was no evidence before him that an appeal had been filed before the suit in his Court was instituted, Section 10 of the Civil Procedure Code had no application. I do not think that this view is correct. It was decided in Pichuvayyangar v. Seshayyangar 18 M. 214 : 5 M.L.J. 39 by a Full Bench of this Court that proceedings in appeal are only a continuation of the suit instituted in the first Court.