The writ petition has been filed for a writ of certiorari to quash the order dated 2nd February, 1999 passed in Regular Suit No. 240 of 1996, rejecting the petitioners application 48-C under Order IV-A and Section 151, C. P. C. for consolidation of the suit with Suit No. 253 of 1996.

2. The impugned order contained in Annexure-1 was passed on 2nd February, 1999 by the Civil Judge (Senior Division) Gonda, rejecting application 48-C for con solidation of Suit No. 253 of 1996 with Regular Suit No. 249 of 1996. Both the suits were pending in the same Court in which parties were same and the subject matter of dispute was also the same. It is also not in dispute that the matter in issue is substantially the same in both the suits. The trial Court, however, rejected the ap plication for consolidation of suit 48-C on the ground that in view of the provisions of Section 10 there can be no consolidation of the two suits.

3. Heard parties counsel.

4. The dispute in the two suits relate to the same house claimed by the daughter and the daughter-in- law of one Banwari Lal. The impugned order has not con sidered this material aspect of the two suits noted above that these relate