AMRITDAS Vs. GOVIND SAHAI

JUDGEMENT

(1.) This revision is directed against the orders passed by the courts below by which the trial court has recalled its order consolidating three suits.

(2.) It appears that there were three suits pending before the trial court, namely, suit No. 222 of 1972, No. 491 of 1972 and 255 of 1974. I am informed that as a result of a joint statement of the parties those three suits were allowed to be consolidated. However, it appears that by a subsequent order dated 27-1-1977 when facts were brought to the notice of the court that the pleadings of the three cases were different from each other and that in original suit No. 255 of 1974, filed by Ayodhya Das the only defendant was Amrit Das and Govind Sahay was not a party to that suit, the trial court came to the conclusion that it was not proper to consolidate the three suits. Aggrieved, the plaintiff filed a revision which has been dismissed by the learned District Judge as not maintainable. Against the aforesaid orders, this present revision has been filed.

(3.) Learned counsel challenging the orders passed by the courts below, has urged that the trial court had passed an order consolidating three suits on a joint statement made by the parties counsel and consequently, it was not open to. the court to review that order and decide and dispose of the three suits separately.