TEEKOY RUBBERS (INDIA)LIMITED Vs. PRABHAKARAN NAIR

JUDGEMENT

(1.) Three suits - O.S.117/2006, 23/2007 and 43/2007 of the Sub Court, Pala, relate to the same subject matter, an estate. The suits are for recovery of possession of the leased premises on termination of lease. The plaintiffs in the suits are the successors in interest of the original lessor.

(2.) All the three suits were ordered to be jointly tried. While so, one of the suits namely O.S No.117 of 2006 happened to be dismissed for default. The plaintiff filed an application seeking restoration of the suit. Pending the same, trial in the other two suits O.S Nos.23 of 2007 and 43 of 2007 commenced. Those suits were tried jointly. The evidence in the suits are over. All that remains is the final hearing. In the meanwhile on the application of the plaintiff in O.S No.117 of 2006 the said suit was restored back to file. Thereupon the petitioner - plaintiff therein, filed an application as I.A No.1773 of 2013 praying that the suit may be tried along with the other two suits. The said application was dismissed by the court below noticing that trial in O.S Nos.23 of 2007 and 43 of 2007 is practically over and that the application is belated.

(3.) Heard both sides.