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1959 Supreme(All) 116

S.S.DHAVAN
P. P. GUPTA – Appellant
Versus
EAST ASIATIC CO. , BOMBAY – Respondent


Advocates Appeared:
G.D.SRIVASTAVA, H.P.GUPTA, Maheshwari Dayal

S. S. DHAVAN, J.

( 1 ) THIS revision, under Section 115, C. P. C. raises the important question whether the inherent power of the Civil Court to consolidate two suits between the parties is affected by Section 10 c. P. C. which enjoins that the Court shall not proceed with the trial of any suit in which the matter in issue is also in issue in a previously instituted suit between the same parties. The learned Additional Civil Judge of Agra, who is seized of both the cases, allowed the application of the respondent and directed the consolidation of two suits between the parties which had been filed on different dates. Against this order the applicant has filed the present revision on the ground that Section 10 C. P. C. is an absolute bar against such consolidation.

( 2 ) IT is necessary to state very briefly the facts which have led to the filing of this revision. The applicant is P. P. Gupta, proprietor of a printing press in Agra known as the Premier Press. The respondents, the East Asiatic Company. Bombay, are a limited registered Company dealing with machinery and engineering materials. It is common ground that the applicant P. P. Gupta and the company entered into a contract for








































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