Application under section 24 of civil code procedure
Querist :
Anonymous
(Querist) 06 July 2010
This query is : Resolved
An application is made in district court under rule to 24 of CPC for bringing the two different suit where the defendents and plantiffs are almost the same . One suit is special regular civil suit and the other one is regular civil suit
Is it possible to bring the suits to one court ?Is it binding on court to order and club the suit in one court
What are the other remedies available? kindly let me know.
Devajyoti Barman
(Expert) 06 July 2010
Yes you can file an application before the court of district judge for analogous hearing of the two suits. If both the suits are pending in the same court then you have to file that application in the same court.
Kiran Kumar
(Expert) 06 July 2010
transfer is also possible and u can also seek consolidation as well....as u said the matters are almost similar then consolidation can be a good option.
but make sure the matters are not so posed that they are hit by the principle of res subjudice.
G. ARAVINTHAN
(Expert) 06 July 2010
If suit is between same partition and relating to same property, they can be tried jointly and the same can be ordered by the District Judge on and application under 24 of CPC to transfer a civil case to other court of equal jurisdiction
Yes it is the prerogative of the court to direct clubbing of two suits as you have mentioned I would like to advice you to kindly go through the concerned High Court rules in this regard as well. Best Regards
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