S C JAIN Vs. BINDESHWARI DEVI

JUDGEMENT

(1.) By order dated 8.9.1996 the evidence of the defendant-petioner was directed to be closed. The petitioner sought for reviewing and recalling of the order with leave to adduce evidence. By the impugned order the said prayer made by the defendant has been refused. The aggrieved defendant has come up in revision.

(2.) The present case betrays utter disregard of certain rules of procedure at different stages of proceedings in the hearing of the suits and consequent failure of justice. It appears that the two suits pending between the parties have bee dealt with at different stages by various judicial officers. Unfortunately, either none was aware of or none was enlightened by the learned counsel appearing for the parties with the settled practice and procedure governing consolidation of suits and trial of the suits thereafter. Casualties have taken place at more stages then one. While demonstrating the same I seize this opportunity for recapitulating the judge-made-law on consolidation of suits and crystalise the same so as to guide the members of the subordinate judiciary for future.

(3.) First the facts in brief to the extent necessary for deciding the questions arising for decision herein.