Friday, March 15, 2013
The Apex Court brought more light on principles of Consolidation of Suits
While adjudicating CIVIL APPEAL NOS. 2050-2053 OF 2013
[Arising out of SLP (Civil) Nos. 126-129 of 2012]instituted by
Mahalaxmi Co-operative Housing Society Ltd. & Etc. .. the Appellants, against the judgments of Gujarat High Court, the Hon'ble Justice Mr. K. S. Radhakrishnan of Supreme Court of India has recently observed that There is no specific provision in the
CPC for consolidation of suits. Such a power has to be
exercised only under Section 151 of the CPC. The purpose of
consolidation of suits is to save costs, time and effort and to
make the conduct of several actions more convenient by
treating them as one action. Consolidation of suits is ordered
for meeting the ends of justice as it saves the parties from
multiplicity of proceedings, delay and expenses and the parties
are relieved of the need of adducing the same or similar
documentary and oral evidence twice over in the two suits at
two different trials. Reference may be made to the judgment of
this Court in Prem Lala Nahata and Anr. v. Chandi Prasad
Sikaria (2007) 2 SCC 551.
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