Consolidation of suits -- Two suits filed by two alleged purchasers on the strength of independent agreement to sell in their favour in respect of the same land - To avoid two contradictory decrees two suits ordered to be consolidated and disposed of together...........
Consolidation of suits -- Pending in different courts between the parties - Where there is unity between the suits, it is desirable to avoid not only the chances of conflicting decisions, but even the element of waste of time by different courts - All the suits should be brought together in one court so that they are tried expeditiously...........
Transfer of Property Act, 1882, Section 67A -- Four mortgages in respect of the same property - Four separate suits for recovery of various amounts by sale of mortgaged property - Held, there is no prohibition in filing separate suits though S.67A provides for consolidation of all the suits - Benefits of S.67A can be waived...........
Consolidation of suits -- Conditions to be fulfilled are that real contesting parties are same and the determination of rights of the parties in one suit must be intimately connected with the determination of the rights of the parties in another suit...........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21 -- Repartition proceedings - Allotment of land of Shamilat Deh to co-sharers - Occupancy tenant over land of Shamilat Deh who by operation of law, Punjab Occupancy Tenants (Vesting of Proprietary Rights)..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Question of title - Director not competent to settle...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- In case of joint owners - Notices need not be served on all the co-sharers - If effective representation on behalf of joint owners - Sufficient for purposes of Section 42...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Question of limitation - Objection not raised before Additional Director - Not entertainable in collateral proceedings - Delay not condoned and no objection raised - Amounts to illegality__Order not rendered without jurisdiction or void...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of Panchayat land ordered on the basis of statement of Sarpanch in contravention of Rule 5 - Militates against express provisions of law - Voidable at the instance of aggrieved party - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, Section 42...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44, 42 -- Suit in Civil Court for declaration that plaintiffs owners in possession of suit land and order passed by Deputy Commissioner under Section 42 null, void, without jurisdiction and based upon fraud inasmuch as exchange of Panchayat land allowed on the basis of statement of..........
