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2006 Supreme(Raj) 142

P.S.ASOPA
Anurag & Co. – Appellant
Versus
Addl. Dist. Judge – Respondent


Advocates Appeared:
M.M. Ranjan, for Petitioners R.K. Agarwal, for Respondents

Honble ASOPA, J.–By this writ petition, the petitioners have challenged the order dated 18.7.2005 (Annexure-3) passed in civil suit No. 96/01 pending before the Additional District Judge, Sikar whereby the Additional District Judge refused to consolidate the four civil suits for recovery of money on the ground that the plaintiffs are different, cause of actions and amount are different and further merely because the defendant is common a such cases cannot be consolidated. It was also observed that in Section 10 CPC there is no provision of consolidation nor in any other provision of CPC such cases can be consolidated.

(2). Briefly stated the relevant facts of the case are that the respondents-plaintiffs filed four separate civil suit against petitioners for recovery of different amount which become due on different dates against petitioner-defendants, and all the civil suits are pending before Additional District & Sessions Judge, Sikar. The details of the suits number and amount is as under:–

S. No. Title of suit No. of suit Amount recoverable

1. Vinod Kumar Sharda vs. Anurag & Company 98/2001 4,30,254/-

2. Arun Kumar vs. Anurag & Company 36/01 (95/01) 2,75,935/-

3. Sanjay Kumar






















































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