SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1959 Supreme(AP) 86

UMAMAHESWARAM
Dasari Suryanarayana – Appellant
Versus
Dasari Venkata Subbaiah – Respondent


UMAMAHESWARAM, J.

( 1 ) THE important question of law that arises for decision in this Civil Revision Petition is whether an order for consideration of several suits can be made in proper cases in the exercise of the courts inherent powers. The Court below held that in the interests of justice, it is necessary to try O. S. No. 109 of 1958 and O. S. No. 83 of 1058 on the file of the District Munsiffs Court. Replay together.

( 2 ) MR. G. Venkatrama Sastry, the learned Advocate for the petitioner, has contended that under the provisions of Section 151 of the Code of Civil Procedure, no order for consolidation of the suits can be made. This question was elaborately considered by a Bench decision of the Calcutta High Court in Kali Charan Dutt v. Surja Kumar Mondal, 17 Cal W. N. 526. The learned Judges followed the earlier decision of their Court and held as follows : "we are of opinion, therefore, that an order for consolidation can be made in a proper case in exercise of the inherent power of the Court now recognised by Section 151 of the Code of 1908. " This view was followed by the Patna High Court in Muhammad Fazal v. Mankumar Mahton ILR 1 Pat 669 : (AIR 1922 Pat 566 (1) ). The learn





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top