SUMITRA DEVI AND ORS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) (i) This is a petition under Section 24 of Code of Civil Procedure, 1908 (CPC) for consolidation of two suits.

(2.) The suit filed by Sh. Mukesh Gupta is of 2006 vintage whereas the suit filed by Smt. Sumitra Devi is of 2009 vintage. In the second suit of Smt. Sumitra Devi of the year 2009, there is also defendant no.3 which is Gaon Sabha, Bagrola, and which is not a party to the earlier suit filed by Sh. Mukesh Gupta.

(3.) Powers under Section 24 CPC are exercised when there are common questions of facts and law in two suits. Also, it is necessary that suits must be more or less at similar stages. Also, if issues in one suit are same as issues in a previous suit, actually it is the second suit which will have to be stayed under Section 10 CPC. Also, powers under Section 24 CPC are discretionary in order to further justice, and if proceedings under Section 24 CPC are not bonafidely invoked, Courts can refuse to grant relief.