stay of suit

Querist : Anonymous (Querist) 17 September 2010 This query is : Resolved
A suit for cancellation of WILL is pending in the court. In the pendency of suit a suit for specific performance of contract is filed by a person against the legal heirs and the beneficiary of the WILL. The challenged WILL is executed in favor of third person.my query is that can the suit for specific performance be stayed till the decision of first suit e.i. WILL suit.the plaintiff in suit for specific performance want the relief against all defendant and he is the witness in challenged WILL.

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s.subramanian (Expert) 17 September 2010
Both the suits have to be tried jointly since the decision in one suit will have its impact upon the other. In the interest of judicial harmony they should be tried together.

Kiran Kumar (Expert) 17 September 2010
you may go for consolidation of both the suits or hearing of both the suits together, all depends upon the facts of the case.

talk to your lawyer and find out appropriate step keeping in view the facts of the case.

M/s. Y-not legal services (Expert) 18 September 2010
Both suits in a same court mean, file a joint trial memo then take to trial jointly.. If varioust court mean file an interim application for transfer any one suit for join trial.. Its may be clear the facts to the judge..

Sri Vijayan.A (Expert) 18 September 2010
I agree the views of Mr.Tom

Surrender K Singal (Expert) 19 September 2010
Consolidation of matters involving same cause and same parties can be ordered even by the Courts suo moto, too

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