Consolidation of cases
Satish
(Querist) 18 November 2009
This query is : Resolved
Pls enlighten the provision under which two civil suits between the same parties can be consolidated.
Thanks in advance.
Raj Kumar Makkad
(Expert) 18 November 2009
If the nature and the evidence to be led in both the cases is almost same then both can be consolidated under the provisions of section 151 of CPC.
adv. rajeev ( rajoo )
(Expert) 19 November 2009
consolidation means clubbing of the suits. If the parties are same nature of the suit is same such cases can be clubbed. To club the suits application will have to be filed u/s 151 of CPc.
G V S Jagannadha Rao
(Expert) 19 November 2009
The fundamental requirement is parties in both the cases should be the same. Secondly the issues to be decided in both the cases should be similar. Thirdly, both the cases should be pending in the same court. Otherwise you must first get the case transferred to one court.
There is no specific provision. Therefore the inherent powers of the Court, u/s 151 can be invoked.
dhiraj choudhary
(Expert) 19 November 2009
in the absence of any specific provision governing d subject , court can invoke its inherent powers 2 pass orders like this