JUDGMENT Bhairo Prasad, Member. - This reference has been made by Additional Commissioner, Agra Division, Agra vide his order dated 18.12.1985. 2. In the trial court a suit was filed under Section 229-B of U.P. Act No. 1 of 1951. A preliminary objection was raised in that suit that there is civil litigation pending in the Civil Court and the suit should be stayed. The trial court stayed the suit vide it s order dated 13.6.1984. Against the revision was filed before the Additional Commissioner under Section 333-A of U.P. of Act No. 1 of 1951. He has referred this revision with the recommendation that both the courts are different courts. Parties are not courts are different courts. Parties are not the same, hence the suit cannot be stayed under Section 10 Civil Procedure Code. 3. In this court only the revisionist is present. Opposite party is absent. Perused the record. 4. The learned trail court has stayed the proceeding on the ground that second appeal is pending in the Hon'ble High Court of Allahabad, hence he also stayed this suit. Bar of Section 10 Civil Procedure Code, will apply only when the jurisdiction of both the courts are the same. The decision of the Civil Court and that of the Hon'ble High Court will certainly apply on the finding on will but the suit cannot be stayed. 5. I, therefore, accept this reference and set aside the order of the trial curt and to proceed in accordance with the recommendation of the Additional Commissioner.