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Judgment
Henderson, J.—This Rule has been obtained by the Plaintiff and there is no appearance on behalf of the Opposite Party. He has instituted the suit for rent and the Opposite Party has brought a case before a Debt Settlement Board. The usual notice was served and the Munsif then stayed the suit. A part of the claim is for rent due for a period subsequent to the 1st of January, 1940. The Petitioner''s case was that the trial of that claim ought not to be stayed. The matter is within the decision of the Division Bench of this Court in the case of Manager, Natore Raj Wards'' Estate v. Gedu Bewa 46 C. W. N. 12 (1941). The second part of the claim is not before the Board. The effect of the decision therefore is that the question of stay arises. The problem of what is to be done then has not been solved.
There are obviously practical difficulties in the way of trying a part of the claim leaving the rest hanging in the air. I think the best way to dispose of the Rule is as suggested by the Petitioner''s Advocate.
I, therefore, direct that the Petitioner be permitted to withdraw the claim for the period subsequent to the 1st of January, 1940, with permission to bring a fresh suit on the same cause of action. I make no order as to costs.