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Srinivas (Director)     11 July 2010

Clubbing of suits - Civil Procedure

Dear Gurus,

Can someone briefly describe the process after suits have been clubbed.

Few Questions:

1. How is trail to be completed?

2. What happens if one suit has additional or fewer parties? How will their cheif & Cross examination proceed.

3. What if one party is exparte in one suit.

4. Should we expect common or separate judgment?

5. What about appeals?

 

thanks in advance.

 

Srinivas



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 July 2010

1.you will have to lead the evidences of  both parties.

2.  For this it is necessary to see the plaint and written statement

3.  The result of the suit will be applicable

There will be a common judgement

Seperate appeals will have to be filed.

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 July 2010

1. two suits cannot be clubbed together.They may be tried jointly

2. regarding the suit with more parties, their evidence will not be taken, as to their reliefs in other suit

3. he will be exparte in that suit, till he file application to setaside exparte order

4. common judgment will be given

5. appeals can be filed based on the suit and parties

Srinivas (Director)     11 July 2010

Thanks to Aravinthan & Rajeev.

1. Is there any advantage of leading the evidence? In once suit, we are the plaintiff and the other we got impleaded and got added as defendant. Clubbing petition was allowed and we have a joint trail.

2.One of the defendant has inconsitent pleadings between the two suits. I am not clear how from a joint trail the judge can separate what was learned by way of both pleadings and only apply partial data to each judgment.

Are our judges really that smart? I have come to learn from first hand experience that some of the Jr. Judges are HIGHLY incompetant and know lot less than adocates pleading the case.


Srinivas

Jithendra.H.J (Lawyer)     11 July 2010

I agree with Rajoo,

 

1. even thoough you are the deffendant in another suit you have to prepare chief examination affidavit keeping in view of both the suits.

2. it is the headache of the PO

and about the incompentant judges...god has to save the judicary..nation... and its people..

Srinivas (Director)     11 July 2010

What section of the CPC deals with clubbing of trial and the process to follow?

Jithendra.H.J (Lawyer)     11 July 2010

it is not clubing of the trail, it is clubing of the cases

Srinivas (Director)     11 July 2010

Thanks for the clarification. There seems to be two opinions on this forum on what is clubbed.

What section of CPC deals with clubbing of cases?

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 July 2010

Section 24 to transfer one case from court to try jointly with other case in other court

Srinivas (Director)     24 August 2010

I found an interesting amendment in CPC for state of UP related to consolidation of suits. Wanted to share with this forum.

I wonder if there is somethign similar for state of Andhra Pradesh?

 

ORDER IVA
CONSOLIDATION OF CASES

1. Consolidation of suits and proceedings

When two or more suits or proceedings are pending in the same Court, and the Court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, where upon all such suits and proceedings may be decided upon the evidence in all or any of such suits or proceedings." [U.P. Act 57 of 1976].


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