MINOSHA INDIA LTD. Vs. MISRA AUTOMATICS PVT. LTD.

JUDGEMENT

(1.) This common order shall decide the above-noted two appeals preferred by the appellant/plaintiff under Order XLIII Rule 1 read with Sec. 151 of the Code of Civil Procedure, 1908 ['CPC']. These appeals assail the impugned order dtd. 28/7/2022, passed by the learned Additional District Judge-07, South-East, Saket Courts, New Delhi ['trial Court'] to the ditto effect separately in the two suits between the same set of parties, whereby their applications filed in the two suits under Order IX Rule 9 of the CPC were dismissed.

(2.) Suffice it to state that two Civil Suits, viz., CS No. 6555/2016 and CS No. 6549/2016, for recovery of money were instituted by the appellant/plaintiff against the respondent. The facts and issues espoused by the same set of parties raise common questions of law and fact and can be conveniently disposed of by this common order. For the purpose of adjudication, FAO 'First Appeal against Order' No. 226/2022 shall be the lead appeal.

(3.) Shorn of unnecessary details, the two civil suits, which were at the stage of recording the plaintiff's evidence, with PW-1 to be tendered for cross-examination, were dismissed in default for want of prosecution vide order dtd. 4/6/2018 by the learned Trial Court. The appellant/plaintiff then filed an application under Order IX Rule 9 of the CPC on 6/12/2018, which was dismissed by the learned trial Court after issuing notice to the respondent and hearing the parties.