Consolidation of suits

sridhar pasumarthy (Querist) 20 September 2014 This query is : Resolved
Respected Experts,

Lessee filed a suit for injunction against the wife of lessor stating that wife herself has leased out the property to him(false plea). In fact, husband is the owner cum lessor and he was not made as a party to injunction suit.

Later, husband(lessor) filed a suit against the lessee for eviction and for recovery of arrears of rent, after issuing termination notice under section 106 of T.P.Act. wife is not a party to eviction suit.

Admittedly lease is oral.

Both the suits are in separate courts of junior civil judge at the same place.

can Injunction suit be sought for to be transferred to the court where Eviction suit lies or vice versa?

(pls take note that defendant (wife) in injunction suit is not a party to the eviction suit, which was filed by husband)

else what is the remedy?

Pls reply.

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Devajyoti Barman (Expert) 20 September 2014
Yes, you can apply for analogous hearing of both the cases.

sridhar pasumarthy (Querist) 20 September 2014
Thanks sir.

Will there be any objection that parties are not similar in both the suits?

pls reply

Devajyoti Barman (Expert) 20 September 2014
If the cause of action and reliefs are same then suits can be consolidated.

Rajendra K Goyal (Expert) 21 September 2014
Agree with the advise of expert Devajyoti Barman ji.

ajay sethi (Expert) 21 September 2014
agree with Mr barman

Dr J C Vashista (Expert) 21 September 2014
I fully agree and appreciate the expert advise of Mr. Devajyoti Barman.

T. Kalaiselvan, Advocate Online

(Expert) 29 September 2014
I agree with the experts, can apply for transfer of suits to one court since cause of action and one party to both the suits are same involving the same schedule of property.

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