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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