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1992 Supreme(P&H) 1094

HARJIT SINGH BEDI
Kamla Wati – Appellant
Versus
Kharaiti Lal – Respondent


Judgment

Harjit Singh Bedi, J.

1. The present petition is directed against the order of the Additional Senior Sub Judge, Amritsar, whereby the application dated February 12, 1990, filed under section 151, Civil Procedure Code, praying that the two suits pending between the parties be consolidated, has been dismissed.

2. The facts, as given in the course of the hearing of the case, are that a suit was filed by the petitioner on July 16, 1985 seeking to evict the respondent-tenant from the premises in dispute and also to seek the payment of arrears of mesne profits for use and occupation thereof. While the first suit was yet pending, the petitioner filed another suit for the recovery of Rs. 2900/- as compensation for use and occupation of the same premises for the period 29.6.1985 to 28.11.1987. By the order of the District Judge, Amritsar, the first suit was ordered to be transferred to the Court of Shri M.L. Sarpal, Additional Senior Sub Judge, Amritsar, wherein the second suit was pending in view of the identity of the subject-matter and in the face of the same evidence that was required to be led in both cases and also to obviate the wastage of time and expense to the parties. It


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