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2013 Supreme(Raj) 505

ATUL KUMAR JAIN
Nand Lal – Appellant
Versus
Roop Chand Sharma – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ravi Kasliwal, Advocate
For the Respondent:Mr. Vishwajeet Mantri, Advocate

JUDGMENT :

Atul Kumar Jain, J.

In this writ petition, the petitioner Nand Lal had prayed that order dated 07.02.2011 passed by the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh be quashed and set aside and the application filed by petitioner-plaintiff Nand Lal for consolidation of two suits be accepted.

2. I have heard both the parties and I have perused the order dated 07.02.2011 passed by the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh whereby that court had dismissed the application under Section 10 CPC read with Section 151 CPC filed by Nand Lal (petitioner). Civil Suit No. 147/2007 titled as Roop Chand v. Nand Lal was pending in the court of Civil Judge (JD), Kishangarh. That suit was instituted earlier than the Civil suit No. 27/2009 which was filed in the court of the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh titled as Nand Lal v. Roop Chand. Looking to the provisions of Section 10 CPC, proceedings of C.S. No. 27/2009 were stayed by an order dated 08.04.2010 by the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh. The order dated 08.04.2010 was challenged by Nand Lal before this Court in S.B. Civil Writ Peti



















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