NANKOO NATHIA Vs. NAGNUR PARSHWARAMMA

JUDGEMENT

(1.) THIS is a petition in revision on behalf Defendant No. 1 against the order of the Court below dated 9 -6 -1951 whereby the Court directed Plaintiff to produce her witnesses and the defendants to file their list of the defence witnesses.

(2.) THE revision -petition seeks to attack the order of the lower Court on two grounds: firstly that the trial Court was wrong in holding that the suits had already been consolidated earlier and that therefore the later application of the Indian Code of Civil Procedure to the Hyderabad State could not in any way affect the previous consolidation of the suits. Following up this contention it is urged that as a matter of fact there is no order of the Court that the suits were consolidated earlier. It is further urged that having regard to the facts of the case, Section 648, Hyderabad Code of Civil Procedure is not applicable and so the suits could not be consolidated.

(3.) ON behalf of the other side it is contended that it is not correct to say that the suits were not consolidated before Relying on the proceedings sheet of 21 -9 -1950, it is stated that on that date the suits were consolidated.