UDAYRAJ Vs. DINESH CHANDRA BANSAL

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 07.12.2016 passed in Civil Suit No.130- A/2015 pending before the 10th Additional District Judge, Gwalior, whereby application filed by the petitioner under Section 151 of C.P.C. seeking consolidation of suits has been rejected.

(2.) The brief facts leading to filing of this case and relevant fact for the purpose of writ petition are that the respondent/plaintiff Dinesh Chandra Bansal has instituted a Suit bearing No.41-A/2012 seeking declaration and permanent injunction to the effect that he is the owner of the suit land situated in Survey No.346/1066 area 0.627 hectare. Subsequently, another Civil Suit bearing No.32- A/2014 (new number 44-A/15) was instituted by the present petitioner/plaintiff therein seeking declaration and permanent injunction as well as declaring the sale deed dated 11.06.2008 and agreement dated 05.07.2017 be null and void. In this suit, the declaration has been sought not only in respect of the land situated in Khasra No.346/1066 but also in survey No.331 area 0.596 and Suvey No.430/2 area 1.735. The petitioner preferred an application under Section 151 of C.P.C. with the prayer to consolidate the aforesaid two suits and be decided analogously. The Court of 10th Additional District Judge, Gwalior, rejected the application under Section 151 vide order dated 07.12.2016 which has been assailed on behalf of Udayraj in the present writ petition.

(3.) The learned counsel for the petitioner submitted that the dispute in both the suits is in respect of the same land and the parties are also same, therefore, in such a situation, the learned Court below ought to have allowed the application and consolidated both the suits. The learned trial Court erred in coming to the conclusion that both the suits are in different stages. In Civil Suit No.44-A/15 no evidence has been recorded whereas in Suit No.130-A/15 virtually the evidence has been recorded, therefore, both the suits cannot be consolidated.