SAYARBAI Vs. MAHESH KUMAR

JUDGEMENT

(1.) This order will govern the disposal of MP No.5573/2019 and MP No.5578/2019 as it is jointly submitted by counsel for both the parties that identical orders, though, passed in different suits, between the same party are under challenge in these petitions, therefore, the petitioner are heard jointly and decided by common order.

(2.) In MP No.5573/2019 order of the trial court dated 16/9/2019 passed in Civil Suit No.41-A/2017 rejecting the application of the defendant u/O.6 Rule 17 and Order 8 Rule 1A(3) of the CPC is under challenge whereas in MP No.5578/2019 similar order dated 16/9/2019 passed in CS No.40-A/2017 rejecting the defendant's application u/O.6 Rule 17 and Order 8 Rule 1A (3) CPC are under challenge.

(3.) Learned counsel for petitioner submits that the trial court has committed an error in rejecting the application whereas learned counsel for respondents has supported the impugned order.