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1997 Supreme(Del) 374

R.C.LAHOTI
S. C. JAIN – Appellant
Versus
BINDESHWARI DEVI – Respondent


Advocates Appeared:
JAGMOHAN SHARMA, M.L.BHARGAV

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a revision filed by the defendant against an order that closed their evidence, which was subsequently allowed by the court (!) (!) .

  2. The proceedings highlight procedural irregularities and lapses in the handling of multiple suits involving the same parties and subject matter, particularly concerning the consolidation of suits (!) (!) (!) .

  3. There are two suits pending between the same parties, with overlapping issues related to possession, damages, and execution of a will, which have been subject to consolidation and order of trial (!) (!) (!) .

  4. The court emphasizes that consolidation of suits is a judge-made jurisdiction exercised to avoid multiplicity, conflicting decisions, delays, and unnecessary costs, and is based on inherent powers under the Civil Procedure Code (!) (!) (!) .

  5. Consolidation can be ordered when there is a common question of law or fact, or when the rights to relief arise from the same transaction or series of transactions, even without the parties’ consent (!) (!) .

  6. The exercise of consolidation powers is discretionary and depends on whether it would serve the ends of justice without causing prejudice or complications at trial (!) (!) .

  7. The court discusses different types of judicial directions related to multiple suits, including analogous hearing, full consolidation, and trial consolidation, each with distinct procedural implications (!) (!) (!) .

  8. The importance of proper procedural steps for consolidation, including the necessity of prior orders before evidence recording and clarity on whether evidence recorded in one suit can be read in another, is underscored (!) (!) (!) .

  9. When suits are consolidated based on consent, explicit recording of such consent and procedural clarity are essential to avoid irregularities (!) (!) .

  10. The court permits the defendant to examine witnesses and adduce additional evidence, with appropriate directions to ensure that evidence recorded in one suit is considered in the other, and that the trial proceeds efficiently (!) (!) (!) (!) (!) .

  11. The court emphasizes that the evidence already recorded in one suit can be read and used in the other suit, provided proper procedures are followed, and that separate judgments and decrees are necessary unless the suits are fully merged (!) .

  12. The revision is allowed, and the impugned order rejecting the defendant's application is set aside, with directions for the trial court to proceed accordingly, including appointing a date for recording the defendant’s evidence and ensuring proper procedural conduct (!) (!) .

  13. The court clarifies that the directions issued are case-specific and not intended as a precedent, emphasizing the importance of procedural correctness and judicial discretion in consolidation matters (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on these points.


R. C. Lahoti, J.

( 1 ) BY order dated 8. 9. 1996 the evidence of the defendant-petioner was directed to be closed. The petitioner sought for reviewing and recalling of the order with leave to adduce evidence. By the impugned order the said prayer made by the defendant has been refused. The aggrieved defendant has come up in revision.

( 2 ) THE present case betrays utter disregard of certain rules of procedure at different stages of proceedings in the hearing of the suits and consequent failure of justice. It appears that the two suits pending between the parties have bee dealt with at different stages by various judicial officers. Unfortunately, either none was aware of or none was enlightened by the learned counsel appearing for the parties with the settled practice and procedure governing consolidation of suits and trial of the suits thereafter. Casualties have taken place at more stages then one. While demonstrating the same I seize this opportunity for recapitulating the judge-made-law on consolidation of suits and crystalise the same so as to guide the members of the subordinate judiciary for future.

( 3 ) FIRST the facts in brief to the extent necessary for deciding the quest










































































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