Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Parties to both the suits are distinctly different - Cause of action and relief claimed in both the suits are also different - Plaintiffs in both the suits are asserting their possession to suit property but with reference to different transactions and different points of time - Common evidence cannot..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Probate petition and suit for cancellation of Will - Common question involved in probate proceedings and civil suit - Evidence will also be common - To avoid multiplicity in trial of same issues and to avoid conflict of decision, joint trial ordered...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of civil suit for injunction and SCC suit - SCC suit can be heard by Judge Small Causes Court only - Courts in the two suits are different, parties are different and subject matter of suit is also different - Judge of Small Causes Court has no jurisdiction to decide suit for injunction - Application for consolidation..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Law as to : (i) Consolidation of two suits need not necessarily be by agreement of parties; (ii) Consent of parties is not necessary for consolidation of suits, but it is always necessary to hear all parties concerned before ordering consolidation of suits; (iii) Issues in each suit must be framed and..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction granted in earlier suit for..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - In the fitness of things two suits ordered to be consolidated and making the previously instituted suit as the leading one...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Appeal - In the instance of suits in which common issues have been framed and a common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments - However, this is not to whittle down the principle that..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - One suit filed in the year 2005 and other in the year 2012 - Both suits in respect of same property - Both the suits at different stages - Not appropriate to consolidate both suits - However, both suits be tried by one and the same Court...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Suit for specific performance - Subsequent suit for permanent injunction filed by subsequent vendee - Two suits sufficiently and substantially similar - Petitioner's suit transferred to Court trying respondent's suit - Both the suits ordered to be consolidated and tried together...........
Civil Procedure Code, 1908, Section 151, 10 -- Consolidation of suits - Suits filed by parties against each other in respect of the same agreement of sale - Both the suits pending in the same Court - It is just and expedient to try them together instead of staying the proceedings of the subsequent suit...........
