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Act vs Vivekananda Virupaksha on 5 May, 2026 cites

Ram Chandra Singh vs Savitri Devi And Ors. on 29 July, 2004

14. The consolidation of suits has not been provided for under any of the provisions of the Code, unless there is a State amendment in this regard. Thus, the same can be done in exercise of the powers under Section 151 CPC, where a common question of fact and law arise therein, and the same must also not be a case of misjoinder of parties. The non-consolidation of two or more suits is likely to lead to a multiplicity of suits being filed, leaving the door open for conflicting decisions on the same issue, which may be common to the two or more suits that are sought to be consolidated. Non-consolidation may, therefore, prejudice a party, or result in the failure of justice. Inherent powers may be exercised ex debito justitiae in those cases, where there is no express provision in CPC. The said powers cannot be exercised in contravention of, or in conflict with, or upon ignoring express and specific provisions of the law. [See B.V. Patankar v. C.G. Sastry [AIR 1961 SC 272] , Ram Chandra Singh v. Savitri Devi [(2004) 12 SCC 713 :
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