Section 24: transfer of cases
mehul agrawal
(Querist) 05 February 2018
This query is : Resolved
can a district judge consolidate two separate cases of similar nature consisting of same parties which is filed in two different subordinate court?
:
first in ADJ court and second in CJM's court
please guide me in this regard, consolidation of these 2 cases is very necessary for achieving the ends of justice.
Guest
(Expert) 05 February 2018
Have not you asked your lawyer? What is his opinion? If not asked, ask now, ask at this forum only if you have any doubt in his advice.
Otherwise, discuss the real problem, if any you are facing. Academic queries have variety of confusing answers.
mehul agrawal
(Querist) 05 February 2018
i have already asked the lawyer and had a word with DJ
had both the cases be filed in ADJ COURT OR CJM'S COURT, then transfer can be made easily but in my case one case is initiated at CJM'S and other is at ADJ.
and the case and parties are similar
please help me to find any case law, in which such consolidation was allowed
Guest
(Expert) 05 February 2018
Better rely on your own lawyer. Both, your lawyer as well as the Judge of the case very well know the procedure and are not bound to follow the advice of the experts of the LCI, whatever you get.
Sri Vijayan.A
(Expert) 06 February 2018
Consult your lawyer.
Understand what he says.
I think you have trouble in understanding the procedures and terminologies.
For the same matter, you cannot have two cases at two courts simultaneously.
Dr J C Vashista
(Expert) 09 February 2018
Vague academic question without facts of the examination hall paper.
LCI Admin should have deleted such question paper.
mehul agrawal
(Querist) 12 February 2018
see there are two plaintiffs, both have filed separate cases against the respondent in two different ranked courts i.e., ADJ AND CJM's
now this is done so that there can be conflicting judgements, this is a deliberate act on the part of plaintiff.
Guest
(Expert) 12 February 2018
From description of query as well as your supplementary posts, it becomes quite clear that you don't have any such personal problem.
By the way, what are the descriptions of the individual cases?
