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rosy   22 April 2025

Consolidation of suits

To the legal experts

                  my query is related to civil suit

  1. A declaration suit was filed by us with respect to suit scheduled property A and scheduled property B in senior civil judge court( we are plaintiff in this suit)
  2. another injunction suit was filed by defendant with respect to scheduled property A in same senior civil judge court 
  3. Another injunction suit was filed by another defendants with respect to scheduled proeprty B in junior civil judge court 

Advocate did not inform to the court about the pending suits and subject matter.

  now my query is

can i ask the higher court to consoliidate all suits  as we are contesting parties in three suits  total claim is included in the declaration suit by us at the time of filing suit or

can i ask the higher court for joint trail 

seperate trials will result into conflicting judgments and biased evidence 

stage of case : filed change of counsel petition pending for filing of new vakalat by advocate 

if i change counsel do the advocate  need to file sepeerate vakalat in consolidated suit/joint trail suit after consolidattion orderr

 

experts advice is highly appreciated in advance 

need of advise in urgently sir/ madam

Thank you sir 

 



 6 Replies

R.K Nanda (Advocate)     22 April 2025

file application in the court in which declaration suit is pending for consolidation of other two suits as parties are same in all 3 suits. 

Real Soul.... (LEGAL)     22 April 2025

If the subject matter is same and you want consolidation of suits , just file a petition in high court to club the suits and for joint trail of cases to avoid conflicting judgments.

rosy   22 April 2025

sir 

first suit is between us and defendant one 

second suit is between same parties 

third suit is between us and other defendants 

subject matter is interconnected between the parties sir 

Real Soul.... (LEGAL)     22 April 2025

Better to file the petition in High Court to get consolidation orders 

T. Kalaiselvan, Advocate (Advocate)     22 April 2025

The Civil Procedure Code does not provide for joint trial of suits, though the parties for convenience may agree to that course".

However you can file a petition before the district court praying for joint trial of all suits under section 151CPC

Law Student   24 April 2025

First, based on the limited facts given, it appears that there could be a serious problem. 

Why did one defendant file an injunction suit with respect to property A only? Is he not interested in property B? 

Why did other defendants file an injunction suit with respect to property B only. Are they not interested in property A? 

Probably, you should have filed two separate suits for property A and property B. You should not have clubbed them into a single suit. 

A single suit for both A and B would be meaningful only if all the defendants are interested in both the properties. If one defendant is interested in A only and other defendants are interested in B only, then prima facie it appears that filing a single suit was wrong on your part. 

Prima facie, your suit is likely to be dismissed for the above reason. 

So, please consider the possibility of filing two separate suits for the two properties. The papers have to be studied and examined whether it is too late now. 

But, there is a good chance of your suit getting dismissed completely, or the judge may ask you to choose only one property at the time of trial. Instead of waiting for the judge to say such things at the time of trial, you may consult a couple of good lawyers and check whether you can replace the existing suit with two suits, or file an additional suit and amend the first suit. 

Secondly, coming to your main question, two suits were filed in senior civil judge court and one suit was filed in junior civil judge court. Assuming that all of them are within the same district, you can approach the Court of the PRINCIPAL DISTRICT JUDGE of the district to order joint trial of all the three suits. You will have to file TROP i.e. Transfer Original Petition in the Principal District Court to transfer the suit from Junior Civil Judge Court to Senior Civil Judge Court, so that now all the three suits are in Senior Civil Judge Court and a joint trial can be conducted for all the three suits. 

Please consult multiple lawyers and decide. 


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