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VIJAY BISHNOI
Sushma Dayal W/o Shri Jitendra Dayal – Appellant
Versus
Lodha Filling Station, Proprietor Shri Praveen Singh Lodha S/o Late Shri Fateh Singh Lodha – Respondent
ORDER :
S.B. Civil Writ Petition No. 2129/2021
1. These writ petitions have been filed on behalf of the petitioner/defendants being aggrieved with the orders dated 21.11.2020 and 02.09.2021 passed by the Judge, Commercial Court, Udaipur (hereinafter to be referred as ‘the trial court’) in Suit No.81/2019.
2. The trial court vide order dated 21.11.2020 dismissed the application filed under Section 151 CPC on behalf of the petitioner/defendants with a prayer for consolidating the Suit Nos.81/2019 and 198/2018 and vide order dated 02.09.2021 dismissed another application preferred under Section 151 CPC on behalf of the petitioner/defendants with a prayer to stay the proceedings of Suit No.198/2018 pending before it.
3. Brief facts of the case are that the respondent/plaintiff-Lodha Filling Station (hereinafter to be referred as ‘the respondent/plaintiff–firm’) through its proprietor Praveen Singh Lodha filed the Suit No.81/2019 (earlier Suit No.18/2017) before the District Court, Udaipur against the petitioner/defendants for recovery of an amount of Rs.25,30,000/-. In the said suit, the proprietor of respondent/plaintiff-firm has contended that he is operating a retail outlet of petroleum
The central legal point established is that when two suits involve the same property, parties, and similar evidence, they should be consolidated to avoid conflicting judgments and serve the interest ....
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.
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