ANURAG AND CO Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) By this writ petition, the petitioners have challenged the order dated 18.07.2005 (Annexure-3) passed in Civil Suit No. 96/2001 pending before the Additional District Judge, Sikar whereby the Additional District Judge refused to consolidate the four civil suits for recovery of money on the ground that the plaintiffs are different, cause of actions and amount are different and further merely because the defendant is common a such cases cannot be consolidated. It was also observed that in Section 10, CPC there is no provision of conslidation nor in any other provision of CPC such cases can be consolidated.

(2.) Briefly stated the relevant facts of the case are that the respondents-plaintiffs filed four separate civil suits against petitioners for recovery of different amount which become due on different dates against petitioners-defendants, and all the civil suits are pending before Additional District & Sessions Judge, Sikar. The details of the suits number and amount is as under:- <FRM>JUDGEMENT_573_CCC1_2006Html1.htm</FRM>

(3.) The petitioners have filed written statements in all the aforesaid civil suit in which the evidence of the respondents-plaintiffs have been completed and the cases are fixed for the evidence of the petitioners-defendants.