The court has the inherent power to consolidate suits, even where the suits involve different causes of action, if it is in the interest of justice to do so.

( 1 ) THIS revision petition is directed against the order dated 17th December, 1973, passed by Shri K. S. Gupta, Commercial Sub Judge, whereby he stayed the suit of the petitioners on an application filed by the respondents under section 10 of the Code of Civil Procedure, holding that because of pendency of earlier suit filed by Radhey Shyam respondent against the petitioners pending in the Court of Shri B. B. Gupta Senior Sub-Judge, involving directly and substantially the same matters especially regarding tide of the premises in question, the present suit was liable to be stayed.

( 2 ) RESPONDENT Radhey Shyam filed a suit against the petitioners for declaration that he is the owner in possession of the premises bearing No. 5. B Radhey Puri, Delhi by virtue of his having adverse possession for a period more than 12 years against the petitioners on allegation that he occupied the land measuring about 100 square yards in the year 1959 on which thereafter he constructed a boundary wall and was also paying the house rent of the premises in question. He also prayed for the grant of a permanent injunction against the petitioners restraining them from interfering with his peaceful possession over the property in question.

( 3 ) THE petitioners traversed the claim of Radhey Shyam in their written statement stating that their father had purchased the plot in question from M/s International Land and Finance Ltd. , Lajpat Nagar, Delhi, on the basis of sale-deed dated 21st May, 1954, and that actual possession of the premises was also taken by their father. A boundary wall, the petitioners contended, was constructed by their father on the two sides of the plot and on the other two sides there were walls of the other buildings. The possession of Radhe Shyam was said to be of about three years duration who occupied the premises illegally. The petitioners alleged that they had asked him to vacate the plot to which he agreed but subsequently he turned round and asked them to sell the plot to him. The petitioners having refused to sell the plot in his favour, Radhe Shyam chose to file the suit which is pending in the Court of Shri B. B. Gupta Senior Sub Judge.

( 4 ) THE petitioners subsequently filed the present suit in the Court of Shri K. S. Gupta, Commercial Sub Judge, against Radhe Shyam, his son Banwari Lal and his wife Kishan Devi, for possession of the premises in question besides claiming damages in the sum of Rs. 3,600. 00 at the rate of Rs. 100. 00 per month for three years preceding the filing of the suit, reiterating the pleas taken in defence of the suit filed by Radhe Shyam. The petitioners in their suit averred that the possession of Radhey Shyam, his son and his. wife was that of illegal tresspassers unauthorised and illegal.

( 5 ) BY his impugned order Shri K. S. Gupta held that the allegation made by Radhey Shyam in the suit filed by him showed that he claimed himself to be the owner in possession of the premises in question and that whole issue that will arise in the present suit will be as to whether the plaintiffs are the owners of the premises in suit or not. In the circumstances, he held that from reading plaints in the two suits and the written statements filed therein it is apparent that the issue regarding title of the premises was the main issue and accordingly in his opinion the matter involved in both the suits was directly and substantially the same. Consequently, he stayed the suit sine die.

( 6 ) SECTION 10 of the Civil Procedure Code envisages - that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by