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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Varinderjit Singh - Appellant
Versus
Jasbir Singh & Anr. - Respondents
Civil Revision No. 155 of 2023 (O&M)
Decided On : 11-01-2023
Clubbing of Suits - Liberty to Move Application - The court granted the petitioner liberty to move an application for clubbing two suits concerning similar subject matter and cause of action, allowing them to be tried together.
Fact of the Case:
The petitioner sought permission to move an application for clubbing two suits related to conflicting Wills and mutation of land. The suits concerned the petitioner, his uncle, and the grandmother's estate.
Finding of the Court:
The court granted the petitioner liberty to make an application for clubbing the suits, allowing them to be tried together in accordance with the law.
Issues: Conflict between Wills, mutation of land, challenge to decree, and suits filed by the petitioner and the respondent-uncle.
Ratio Decidendi: The court's decision was influenced by the similarity of subject matter and cause of action in the two suits, leading to the grant of liberty to move an application for clubbing the suits.
Final Decision: The petition was disposed of with liberty granted to the petitioner to make an application for clubbing the suits, to be considered and decided in accordance with the law expeditiously.
JUDGMENT
Anupinder Singh Grewal, J. - Learned counsel for the petitioner submits that he is confining the prayer in the instant case to grant liberty to move an application for clubbing the two suits as these concern similar subject matter and cause of action. He further submits that the grandmother of the petitioner had executed a Will in his favour with regard to the suit land but later she is alleged to have executed another Will wherein the petitioner along with the respondent, who is his uncle, were given 50:50 share in the suit land. The mother of the petitioner on behalf of the petitioner, who was a minor, had filed a suit challenging the second Will executed by the grandmother but the same had been partly allowed on the basis of the second Will and the suit was decreed to the extent of 50% of the suit land. The petitioner upon attaining the age of majority had challenged the decree by preferring a suit and the respondent-Uncle has also filed a suit for declaration that mutation No.9042 be declared illegal as the entire land had been mutated in favour of the petitioner on the basis of the first Will. Both the suits could be tried together.
2. Consequently, the petition is disposed of with liberty to the petitioner to make an application for clubbing of the suits and in the event of the petitioner making an application, the same shall be considered and decided in accordance with law expeditiously.
AI
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The central legal principle established in the judgment is that when parties are the same, property involved is the same, and the court in which the suits are brought is the same, the request for clu....
The court has the discretion to transfer and consolidate suits involving related parties and similar subject matter for efficient adjudication.
Intention beyond clubbing suits is to avoid duplication and also to avoid conflicting judgments when same subject matter is involved in both suits.
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....
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