Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Jurisdiction to order consolidation arises where there are two or more matters or causes pending in the Court and it appears to Court that a common question of law or fact arises in both or all suits or that rights to relief claimed in the suits are in respect of or arise out of the same transaction or..........
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, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated 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 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consolidation of two suits - Single judgment - Suits in which common issues have been framed and 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 and decree not assailed thereupon metamorphoses into..........
Civil Procedure Code, 1908, Section 115(3)(as -- Revision - Irreparable loss - Mere inconvenience to a party by not consolidating the suit, would not fall within the ambit of irreparable loss - Revisional Court over looked the restriction placed upon it u/s 115(3) CPC by interfering the order rejecting consolidation of suits by Trial Court - Impugned order of allowing..........
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 - Suits based on different and independent transactions cannot be ordered to be consolidated...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Suits for specific performance - Different and distinct agreements of sale - Properties covered also different with distinct boundaries - Defendants also different - Suits cannot be clubbed together - Application rightly dismissed...........
