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KULDEEP MATHUR
Pushpa Kanwar, Wd/o. Late Sh. Narendra Singh Rathore – Appellant
Versus
Pratap Singh, S/o. Late Sh. Swaroop Singh Rathore – Respondent
ORDER :
(Kuldeep Mathur, J.)
1. These two writ petitions under Article 227 of the Constitution of India have been filed by the petitioners praying for setting aside the impugned orders dated 30.9.2024 (Annex.7 in W.P.No.17527/2024) and (Annex.6 in W.P.No.17468/2024) passed by the learned Additional District and Sessions Judge No.2, Udaipur in C.O Cases. Nos.53/2013: “Pratap Singh v. Chain Singh & Ors.” and 206/2023: “Smt.Pushpa Kunwar & Ors. v. Pratap Singh & Ors.”, whereby the separate applications moved by the petitioners under Section 151 of the Code of Civil Procedure, 1908 seeking consolidation of the above-numbered civil suits have been rejected by separate orders.
2. A perusal of the record of the case indicates that on 28.5.2013, the respondent Pratap Singh filed a suit for partition and permanent injunction against the present petitioners and other proforma respondents. In the said plaint, it was stated that in the year 1969, the father of the plaintiff and defendants (late Shri Swaroop Singh) started a business of snacks (Namkeen) in the name and style of “Indore Namkeen Bhandar”. In due course of time, their sons also joined the said business. The description and details of
The court upheld the trial court's discretion in rejecting consolidation of suits at different stages to avoid delays and conflicting decrees.
Consolidation of suits under Section 10 of the Code of Civil Procedure is permissible if the suits involve common questions of law and fact, and consolidation would avoid conflicting opinions and ser....
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 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 main legal principle established is that a joint trial can be ordered to avoid contradictory verdicts and multiplicity of judicial decisions when some properties and issues are common in multiple....
Stay of suit – For applicability of Section 10 of C.P.C. there must be complete identity of entire two suits – Section 10 was never intended to take away inherent power of Court to consolidate for in....
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