SURINDER PAL SINGH Vs. RUPINDER PAL KAUR

JUDGEMENT

(1.) CM No.28457-CII of 2010 Allowed as prayed for. Main Case. Plaintiff-Surinder Pal Singh has instituted the instant revision petition under Article 227 of the Constitution of India impugning order dated 19.07.2010 Annexure P-1 passed by learned Additional Civil Judge (Senior Division), Amritsar thereby dismissing petitioner's application Annexure P-8 for consolidation of three suits. I have heard learned counsel for the petitioner and perused the case file.

(2.) LEARNED counsel for the petitioner contended that all the three suits are between the same parties and relate to the same property and similar evidence is to be led and, therefore, to avoid multiplicity of evidence and conflicting decisions, the suits should be consolidated. Reliance in support of this contention has been placed on various judgments namely:

(3.) IN addition to it, one suit filed by respondent No.1 relates to possession of the suit property by specific performance of agreement to sell whereas in another suit filed by the petitioner, sale deed executed by petitioner's mother has been challenged. Obviously, question to be decided in the said other suit would not be same or similar as the question to be decided in the suit for specific performance of the agreement. Evidence in the two suits would also be different. The third suit is a mere suit for permanent injunction instituted by the petitioner. The same would have no relevance after decision of the suit for the specific performance of the agreement.