VISHWANATH Vs. HAIDARALI

JUDGEMENT

(1.) THESE two revision Petitions arise out of two different suits brought by mortgagees Haidarali and other against Vishwanath and Ganesh for enforcement of their mortgage securities on the basis of mortgage transactions entered into between them. Both the suits were filed on the same date. One of these suits was numbered 151 of 1950 and was filed in Civil Judge's Court at Indore. This was later renumbered as No. 27 of 1952. The second suit was filed in District Court and bore No. 8 of 1950.

(2.) IN the suit filed in the District Court one of the contentions raised on behalf of the Defendants was that the suit was barred by Section 67A of Transfer of Property Act. It was also contended that suit, was barred by the provisions of Order 2, Code of Civil Procedure. On this, an application was moved on behalf of the Plaintiffs for transfer of the suit in Civil Judge's Court to the District Court with a view that the two suits might be consolidated and tried as a single suit.

(3.) THE Defendants have preferred separate revision petitions against each of these orders in two separate suits.