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K. BABU
Muhammed S/o. Koyakutty Haji – Appellant
Versus
Raveendran Nair S/o. Krishnan Kutty Nair – Respondent
JUDGMENT
The order directing the joint trial of three suits by the trial court is under challenge at the instance of the plaintiff in one of the suits, who is the defendant in another suit. The petitioner is defendant No.2 in O.S.No.30/2020 on the file of the Munsiff’s Court, Koyilandy. Respondent No.1 is the plaintiff in the suit. The petitioner instituted O.S.No.143 of 2017 seeking an order of permanent injunction in respect of the plaint schedule property therein against respondent No.1. The petitioner claims that himself, his wife and children have right over the plaint schedule property. They traced their title through registered deed Nos.89/1991 and 2791/1985. Defendant No.1 in O.S.No.30/2020 filed another suit as O.S.No.147/2017 against respondent No.1. He also seeks a permanent prohibitory injunction against respondent No.1. It was when O.S.No.143/2017 was ripe for trial respondent No.1 instituted O.S.No.30/2020 to declare that he is the owner of the property to which the properties scheduled in O.S.Nos.143 and 147 of 2017 form part. Respondent No.1 thereafter filed I.A.No.13/2021 in O.S.No.30/2020 seeking joint trial of the said case along with O.S.Nos.143 a
The court ruled that the ultimate test for ordering joint trials is prejudice, emphasizing that separate trials would not prejudice the parties involved.
Consolidation of suits under Sec. 151 of CPC is permissible for practical reasons, convenience, and to prevent conflicting judgments, expenses, and delay, while retaining the separate identity of the....
The court upheld the trial court's decision to consolidate two suits involving the same property, emphasizing the necessity to avoid multiplicity of proceedings and ensure justice.
The court determined that non-compliance with Section 80 of CPC does not apply as the State was not a party in the related suit.
Point of Law : Suit for compensation and permanent injunction – Joint Trial - Joint trial can be ordered by the court if it appears to it that some common question of law or fact arises in both proce....
The court upheld the trial court's discretion in rejecting consolidation of suits at different stages to avoid delays and conflicting decrees.
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