Thursday, 24 September 2020

Whether suits which are consolidated together will become one suit?

  Mr. Navare submitted that Pratap Reddy had also filed a suit

for declaration and possession being O.S. No.190/1985. All 3 suits

were clubbed together and heard together. However,

(i) consolidation of 3 suits does not convert 3 suits into one

action.

(ii) Consolidation of suits is for practical reasons such as,

saving costs, time and efforts of the parties,

convenience of the parties, avoiding repetitive

exercises in 3 suits and avoiding conflict of judgment in

the 3 suits. However, the 3 suits consolidated/clubbed

together retain their separate identity. In support of his

argument Mr. Navare cited Mahalaxmi Coop. Housing Society Ltd. and Ors. v. Ashabhai Atmaram Patel (D) thr. Lrs. and Ors.(2013) 4 SCC 404 [41]

{Para 49}

50. Mr. Navare emphatically argued that the right which have

accrued to Pratap Reddy, as a result of defective suits filed by the

Vendee, cannot stand abrogated by consolidation of the suits. There is no provision in the CPC which permits a party to be deprived of such accrued, right because of defects in the suit.

It is true that, the clubbing of suits for hearing them together and disposal thereof by a common judgment and order is for practical reasons. Such clubbing together of the suits do not convert the suits into one action as argued by Mr. Navare. The suits retain their separate identity as held in Mahalaxmi Coop. Housing Society Ltd. and Ors. v. Ashabhai Atmaram Patel (supra). The clubbing together is done for convenience, inter alia, to save time, costs, repetition of procedures and to avoid conflicting judgments.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3574 OF 2009

B. SANTOSHAMMA & ANR. Vs D. SARALA & ANR. 

Author: Indira Banerjee, J.

Dated: SEPTEMBER 18, 2020.

Read full judgment here: Click here

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