Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - When cause of action and issues raised in two or more suits are similar, Courts can exercise power u/s 151 CPC to consolidate suits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant by way of amendment wished to explain pleadings by giving a description of revenue khasra numbers as well as consolidation scheme by submitting a site plan of existing construction raised by both the parties - Amendment sought would assist Court in arriving at a just decision -..........
Agricultural land -- An agricultural land could have been exchanged by an agricultural land as per S.53 of U.P Tenancy Act - In the instant case, plaintiff had got suit property in exchange of his plot which was entered as abadi but was subsequently by order of Consolidation Court changed into agricultural land - There was thus, no infringement of any provision of U.P..........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 9A(2) -- Partition - Decree for partition passed by civil Court when three brothers were alive - Share of one brother `S' who died issueless - Question as to said `S' died before or after other brother `R' was not decided by Civil Court in partition suit and it was raised only before consolidation authorities -..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Permission sought to file single appeal against two decrees drawn in a consolidation of two suits - Appeal decided on preliminary objection without deciding application - Serious prejudice caused to appellant - Impugned order set aside - Matter remitted - High Court to decide application prior to deciding preliminary..........
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 two suits - Suits are for recovery of certain amount against same defendants - Though, both the suits were filed by two different firms but proprietor of both the firms is same person - Defence taken by defendants is also identical in both the suits - There is substantial similarity of issues arising for decision..........
Partition -- Consolidation of proceedings - Merely because petitioner and respondent are 100% subsidiary companies of a corporate house, it cannot be said that parties are identical because everybody corporate is separate entity - Emaar-MGF is not a party to partition proceedings - Thus, argument of non-consolidation is rejected being not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order refusing consolidation - Out of 19 cases, in two cases there is one complainant and other 17 cases, complainants are different - Cheque in question are also different - Merely because petitioner is accused in all cases and complainants have..........
