2012
CONSOLIDATED JUDGMENT-CUM-AWARD:
1. By this consolidated judgment- cum- award, I shall dispose of two petitions
bearing suit ... MACT(WEST) : DELHI
Suit No. 710/09 (Copy also in Suit No. 751/09)
11/10/12.
Present: None.
Consolidated Judgment in Suits
thus:
It cannot be disputed that the court has
power to consolidate suits in appropriate
cases. Consolidation is a process by which two
or more ... pointed out that there is no provision in the Code
for consolidating suits. Consolidation of two or
more suits does not depend upon the satisfaction
suits ought not to be tried separately.
Once the suit at Rewa has reached the Court at
Visakhapatnam, the two suits shall be consolidated ... similarity of the issues arising for decision in two
suits enables the two suits being consolidated for
trial and decision. The parties are relieved
Mehra was impleaded as defendant No. 2 in that
suit.
4 Both the suits were consolidated vide order dated 18.09.1987.
Issues were framed prior ... answer. The proceeding in the two suits was that after
the two suits had been consolidated on 18.09.1987, it was noted that the
proceedings
suit on the basis of the agreement dated 2.3.2003 on 6.6.2011. As such, mere
filing of such suit cannot be a ground to consolidate ... cannot be disputed that the court has power to consolidate suits in
appropriate cases. Consolidation is a process by which two or more
causes
suits being Special Civil Suit No. 15/09
pending in the Court of learned Civil Judge Palanpur and Regular
Civil Suit ... suits
being Special Civil Suit No. 15/09 pending in the Court of learned
Civil Judge Palanpur and Regular Civil Suit
remanded the first suit to trial court for fresh decision in
both the suits because the second consolidated suit was not decided by the
trial ... trial
court about fate of the second suit. Since both the suits had been
consolidated, after decision of first suit, files of both the suits
this Court
Date of reserving Consolidated Judgment : 01.03.2012.
Date of pronouncement : 03.03.2012.
JUDGMENT IN CONSOLIDATED SUITS:-
1. Vide this consolidated judgment this Court will dispose ... civil
suits filed by the Plaintiff against the Defendant. These two suits were
consolidated vide order of this Court dated 01.03.2012 for the purpose
that nature of both the suits is different because
one suit is for permanent injunction and the other suit is for recovery of
money ... contradictory evidence in the two suits, and therefore, evidence adduced in
one suit cannot be read in other suit. Various other pleas were also raised
this juncture, it is necessary to refer to the consolidation
proceedings. The Consolidation Officer vide order dated 23rd March, 1974
arrived at the conclusion that ... status were involved which do come within the scheme of consolidation.
Hence, the suit as well as the appeal abated and resultantly the very
commencement
