The court determined that non-compliance with Section 80 of CPC does not apply as the State was not a party in the related suit.

JUDGMENT

The Original Petition has been filed challenging an order, whereby joint trial was dismissed by the Munsiff Court, Pathanamthitta, on the ground that O.S. No.523 of 2013 cannot be tried along with O.S. No.107 of 2011 since there is no compliance with Section 80 of the Code of Civil Procedure .

2. Ext.P1 is the plaint in O.S. No.107 of 2011.

It is seen that State is not a defendant in the said suit. As such, there is no question of compliance with Section 80 of the Code of Civil Procedure . The reasoning stated in Ext.P7 is hence wrong.

The Original Petition is allowed. Ext.P7 is set aside.

The court below is directed to reconsider I.A. No.2210 of

2015 in O.S. No.523 of 2013 for a joint trial and pass necessary orders. The trial shall commence thereafter. The parties to appear before the court below on 17.02.2026.

Sd/-