PETER SUCCORO VAZ Vs. KARANJIT SINGH

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the order impugned dated 15-7-2010 passed by the Civil Judge (Senior Division) Dehradun whereby the application (paper no. 126-C) moved by the petitioner in Original Suit No. 641 of 2005 to consolidate the O.S. No. 641 of 2005 and O.S. No. 194 of 2008 has been rejected.

(2.) Briefly stated the facts giving rise to the present writ petition are that the petitioner, who is defendant no.3 in Original Suit No. 641 of 2005, moved an application to consolidate the aforesaid two suits together on the grounds that in both the suits the matter in issue is common; that the suits are pending between the same parties and that the evidence to be led in the suit would be common as well as that common questions of facts and law are involved and have to be adjudicated upon in both the suits. If the parties file documentary evidence separately in both the suits and lead oral evidence therein twice, that would unnecessarily waste the time of the court, therefore, both the suits be consolidated.

(3.) Learned counsel for the petitioner drew the attention of this Court to the provisions of Order IV-A of the C.P.C. (Uttar Pradesh amendment applicable to the State of Uttarakhand), which is quoted below:-