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SANTOSH KUMAR SINGH versus SURESH SINGH & ANOTHER

High Court of Judicature at Allahabad

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Santosh Kumar Singh v. Suresh Singh & Another - WRIT - C No. 14560 of 2006 [2006] RD-AH 5948 (10 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

List thereafter.

Meanwhile, further proceedings in the suit before the trial court shall remain suspended.

09.03.2006

SUA/14560-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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