Section 10 CPC stay does not bar plaint amendment adding a defendant when no substantive rights are adjudicated.

A stay of suit under Section 10 CPC bars only steps amounting to trial or adjudication of the controversy; it does not prohibit a formal interlocutory order that does not affect the merits or determine parties' rights. Impleadment by amendment of the plaint was treated as a procedural matter, not a step in trial, because it merely adds a defendant without deciding any substantive issue. The amendment was therefore within jurisdiction and did not violate the Section 10 stay, and the revision failed while the order permitting amendment was upheld with costs.

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Issues: Whether, after a suit has been stayed under Section 10 of the Code of Civil Procedure, the court can allow amendment of the plaint by impleading a new defendant, or whether such an order amounts to a prohibited step in the trial of the suit.

Analysis: Section 10 is intended to prevent simultaneous trial of two suits involving the same matter in issue. An interlocutory order that does not touch the merits of the controversy and does not determine the rights of the parties is not a step in the trial of the suit. Impleadment of a party is a formal matter and does not decide any substantive issue. The stay under Section 10 therefore does not bar an amendment of the plaint to add a defendant. The authorities cited were distinguished on the ground that they concerned orders which directly affected the trial or the character of the proceedings.

Conclusion: The amendment impleading the additional defendant was within jurisdiction and did not violate the stay under Section 10.

Final Conclusion: The revision failed and the order permitting amendment was upheld, with costs.

Ratio Decidendi: A stay of suit under Section 10 of the Code of Civil Procedure bars only steps that amount to trial or adjudication of the controversy, and does not prohibit a formal interlocutory order such as impleadment by amendment of the plaint.

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