NAND LAL Vs. ROOP CHAND SHARMA AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner Nand Lal had prayed that order dated 07.02.2011 passed by the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh be quashed and set aside and the application filed by petitioner-plaintiff Nand Lal for consolidation of two suits be accepted. I have heard both the parties and I have perused the order dated 07.02.2011 passed by the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh whereby that court had dismissed the application under Section 10 CPC read with Section 151 CPC filed by Nand Lal (petitioner). Civil Suit No. 147/2007 titled as Roop Chand v. Nand Lal was pending in the court of Civil Judge (JD), Kishangarh. That suit was instituted earlier than the Civil suit No. 27/2009 which was filed in the court of the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh titled as Nand Lal v. Roop Chand. Looking to the provisions of Section 10 CPC, proceedings of C.S. No. 27/2009 were stayed by an order dated 08.04.2010 by the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh. The order dated 08.04.2010 was challenged by Nand Lal before this Court in S.B. Civil Writ Petition No. 12006/2010 titled as Nand Lal v. Roop Chand and another and that writ petition was decided on 14.02.2011 by this Court whereby the order dated 08.04.2010 was upheld by this Court. It was observed in the order dated 14.02.2011 by this Court that the plaintiff-petitioner Nand Lal is claiming rights over the disputed property on the basis of the Will dated 17.09.2007 and the said Will is directly and substantially in question in both the civil suits, so the proceedings of subsequent C.S. No. 27/2009 were rightly stayed during the pendency of the C.S. No. 147/2007 which is pending before the Civil Judge (JD), Kishangarh.

(2.) Now, petitioner Nand Lal wants that C.S. No. 147/2007 which is pending before the Civil Judge (JD), Kishangarh should be transferred to the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh because in both the suits, same Will dated 17.09.2007 is directly and substantially in question. The prayer of Nand Lal to this extent has not been opposed by the learned Advocate of respondent No. 1 Roop Chand. So it is hereby ordered that C.S. No. 147/2007 pending in the court of Civil Judge (JD), Kishangarh stands transferred to the court of the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh.

(3.) The Second prayer of the petitioner Nand Lal is to the effect that after consolidation of both the suits, the court of the Addl. District Judge (Fast Track) No. 3, Ajmer camp Kishangarh should be allowed to proceed with the case. Respondent No. 1 Roop Chand has strongly opposed this part of the prayer of petitioner Nand Lal.