Court No. - 4 Case :- WRIT - C No. - 4554 of 2010 Petitioner :- Ram Parvesh And Others Respondent :- District Judge Deoria And Others Petitioner Counsel :- Brahmanand Tripathi Respondent Counsel :- Surendra Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the parties.
Challenge in this petition has been made to the order dated 2.4.2009
passed by the trial court consolidating three suits as well as
revisional order dismissing the revision. A perusal of the impugned
order goes to show that a finding has been recorded that since the
subject matter of the three suits are the same and are to be decided
on the basis of the same evidence and therefore, they may be
consolidated. Revisional court has also affirmed the said finding.
It has been contended by learned counsel for the petitioner that in
one of the suit one additional plot is involved and therefore, the
subject matter is not same and the three suits ought not to have been
consolidated.
The argument is misconceived. Even if one of the plot involved in one
of the suit is different, a perusal of the plaint goes to show that other
subject matter of the suits are exactly same and therefore, there is no
reason to interfere with the impugned orders.
The petition stands dismissed.
Order Date :- 2.2.2010
nd