High Court of Judicature at Allahabad
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Santosh Kumar Singh v. Suresh Singh & Another - WRIT - C No. 14560 of 2006  RD-AH 5948 (10 March 2006)
HON'BLE UMESHWAR PANDEY, J.
Heard the learned counsel for the petitioner.
It is contended by the learned counsel that there are two suits No. 587 of 1996 and 673 of 1996 between the parties in respect of the same property. The application of the petitioner for consolidation of both the suits for joint trial has been dismissed by the trial court as well as the revisional court. The order is not sustainable in law because both the suits involve the same property and the rights of the parties thereon are to be decided by the court. Order IV-A (1) C.P.C. requires the court to order joint trial of the suits and the provision is wholly attracted to the present suits.
Issue notice to the respondents returnable within six weeks.
Meanwhile, further proceedings in the suit before the trial court shall remain suspended.
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