INDIRA ENTERPRISES PHARMACEUTICAL AND SURGICAL DISTRIBUTORS Vs. HIMALAYA DRUG COMPANY MAKALI AND OTHERS

JUDGEMENT

(1.) PETITIONER has sought for setting aside the order passed by the Prl. City Civil and Session Judge, Bangalore, in Misc. No. 669/2012 dated 12.4.2013 vide Annexure -D and for such other relief. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) THIS petition is arising out of the rejection of the application filed under Section 24 of CPC for clubbing suits by the parties. The respondents herein are said to have filed a suit for recovery during the year 2010, whereas the petitioner herein has filed a suit during the year 2011. There appears to be breach of agreement and ultimately, in a recovery proceeding, two independent suits have been filed. The trial Court has rejected the petition filed by the petitioner herein by assigning the following reasons:

(3.) LEARNED counsel for the respondent submitted that the conduct and attitude of the petitioner is such that having kept quite for such a long period of one year even without filing a counter and also without making a counter claim, he has filed independent suits. If he is really entitled for any recovery of dues, then he could have filed a counter claim and sought to contest the matter. Hence, there is no illegality in the order. On looking to the reason assigned and also submission made by the parties, it appears there is no error as such committed by the trial Court in dismissing the application. Petition is disposed of accordingly.