Clubbing of original suit and writ petitions
Harsh Verma
(Querist) 24 September 2023
This query is : Resolved
Can an original suit and a writ petition be clubbed together? What is the constitutional provisions that allows it? What conditions/grounds to be considered while clubbing them?
T. Kalaiselvan, Advocate
(Expert) 24 September 2023
The original suit is a differnt subject to that of the writ petition.
Original suit is suit filed at court of first instance. For eg., If suit is filed in District court then the suit is original suit in District court. Though the same case can reach a higher court in appeal, the original suit would still be considered to be filed in District court (court of first instance.)
A writ means an order that is issued under an authority. Therefore, a writ can be understood as a formal order issued by a Court. A writ petition is an application filed before a Court, requesting to issue a specific writ.
They both cannot be clubbed with each other
Harsh Verma
(Querist) 24 September 2023
Sir,
Sorry for providing incomplete information. What I meant by original suit was regarding Article 131, and writ petitions in regards to Article 32 of the Indian constitution.
T. Kalaiselvan, Advocate
(Expert) 24 September 2023
You are talking about clubbing of two different subjects of the writ petition under different articles of constitution, before understanding the law in this regard, the definition or provision of law in this regard may be understood:
Article 131 of the Constitution.— Article 131 confers jurisdiction upon the Court to decide any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. Article 131 of the Constitution of India further provides, that the exclusive jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, or any other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute. (b) Article 32 of the Constitution.— Article 32 confers the power to the Court to exercise writ jurisdiction. A party can file a writ before the Court for enforcement of fundamental rights as envisaged in the Constitution. By virtue of Article 32, the Court can issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Another facet of Article 32 is public interest litigation commonly known as PIL, whereby the Court entertains matters in which interest of the public at large is involved. A PIL can be filed before the Court by any individual or group of individuals, by filing a writ petition. At times a letter addressed to the Chief Justice of India has also been treated as a PIL
You may make it out whether it will be possible or not
P. Venu
(Expert) 28 September 2023
What is the context for this query?
Harsh Verma
(Querist) 07 October 2023
context of the query is that if, there's an issue over stubble burning in Punjab and, Delhi has filed OS under 131, and residents of Delhi have filed a Writ petition in Sc against the act of stubble burning, can both the cases be clubbed together?
Harsh Verma
(Querist) 07 October 2023
Sir this a hypothetical situation. I got to know about clubbing of suits while I was interning in Delhi. Then suddenly got that question in mind that what will happen in this scenario.
Harsh Verma
(Querist) 07 October 2023
Also, tha case is in Supreme court (as per the situation)
T. Kalaiselvan, Advocate
(Expert) 08 October 2023
The question of law is involved if there was a petition filed before supreme court for joint trial or clubbing two suits of same nature with same parties but being conducted at two different states.
If you want to answer moot court, the above will answer may come to your rescue to some extent
Harsh Verma
(Querist) 08 October 2023
Thank you sir, well this was an assignment given to me by firm's partner 😂
