NAND KISHORE Vs. RAM DEV AND ORS.

JUDGEMENT

(1.) This revision petition is against order dated 28.2.1995 passed by Sub Judge 1st Class, Mansa, declining the consolidation of two suits pending before him.

(2.) The controversy, in brief, is that the petitioner had filed a civil suit for mandatory injunction for directing respondents No. 1 and 2 to demolish and remove encroachment made by them on 13.4.1993 on a public place thereby obstructing a thoroughfare which is part of a big chowk and that the respondents have nothing to do with the suit land. The said encroachment was made illegally without any title inspite of the fact that the Municipal Committee had ejected the sanction of the site plan. Respondents No. 1 and 2 likewise filed a Civil Suit No. 108 of 1993 titled Ram Dev v/s. Municipal Committee, Mansa, for a permanent injunction restraining the Municipal Committee and its President, respondent No.3 and 4 from demolishing the alleged encroachment on the disputed land claiming themselves to be the owners of the said site. The present petitioner filed an application under Order 1 Rule 10 and Sec. 151 of the Code of Civil Procedure in Civil Suit No. 108 of 1993 for impleading him as a defendant and consolidation of suits to avoid multiplicity of suits but the same was declined vide order dated 22.05.1993 holding that these two suits cannot be consolidated. The petitioner claimed that since the subject -matter in both the suits is directly and substantially the same as well as the evidence to be produced by either of the parties for and against would be the same, both the suits need to be consolidated so that complete justice be done to the parties.

(3.) I have heard learned counsel for the parties.