K N JAMUNA Vs. R ESWAR KUMAR

JUDGEMENT

(1.) THE civil revision petition is filed under Article 227 of the Constitution of India challenging an order dated 3. 7. 2008 made in I. A. No. 692 of 2007 in O. S. No. 303 of 2006 on the file of the Additional Senior Civil Judge, Chittoor.

(2.) THE said application was filed under Section 151 of the Code of Civil Procedure (hereinafter in short referred to as "the Code" for the purpose of convenience) to club the suits in O. S. No. 125 of 1998 and O. S. No. 303 of 2006 by treating the evidence let in O. S. No. 125 of 1998 as evidence in O. S. No. 303 of 2006. The learned Additional Senior Civil Judge, Chittoor, dismissed the said application: Aggrieved by the same, the present civil revision petition had been preferred.

(3.) PER contra, Sri Sharad Sanghi, learned Counsel representing respondent would maintain that except the fact that R. Eswar Kumar is common party, the subject - matter in these suits being different and the issues to be decided also being different and also in the light of the fact that one suit is at the stage of part heard and also at the fag-end, at present clubbing the suits may not be just and proper, since there may be delay in disposal of the other suit in which the evidence already had been recorded. The learned Counsel also placed before this Court the pleadings of the parties both in O. S. No. 125 of 1998 and also O. S. No. 303 of 2006 aforesaid and also pointed out to the respective schedules and would maintain that in the light of the facts and circumstances, especially, inasmuch as the learned Judge observed that the judgments can be pronounced at a time both need not be clubbed, the impugned order cannot be found fault. The learned Counsel also would maintain that it is no doubt true that Tr. O. P. No. 44 of 2007 on the file of the District judge, Chittoor, had been allowed and O. S. No. 303 of 2006 pending on the file of the Principal Senior Civil Judge, Chittoor, was ordered to be transferred to the file of the Additional Senior Civil Judge, Chittoor, to be tried along with O. S. No. 125 of 1998 in accordance with law. Ordering joint trial or clubbing the suits or recording common evidence, this is something different from withdrawing the suit from the file of one Court to be tried along with other suit and, hence, the impugned order does not suffer from any illegality. The learned Counsel also placed reliance on certain decisions to substantiate his submissions.