Whether the Consolidation of Civil Suits take place?

Whether the Consolidation of Civil Suits take place?

In the State of UP?

In the CPC, there is no provision for the consolidation of different civil suits. The U.P. State Amendment Act, of 1976 introduced Order IV-A Rule 1, which talks about the Consolidation of Suits. The Order IV-A can be read as follows

?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, whereupon all such suits and proceedings may be decided upon the evidence in all or any of such suits or proceedings.

In the case of States other than UP, the petitioner can file an application under section 151 of CPC, which provides the inherent power to court, to make an order in the interest of justice and, to prevent the abuse of the Process of Law.

What if the Lower Court rejects the application of Consolidation?

The impugned order of rejection can be challenged under the revisional jurisdiction of the High Court under section 115 of CPC

In same was held in the case Munna Devi v Satish Kumar Thakur and Ors., 2002(47) ALR 385. The Allahabad High Court rejected the application of the revisionist, who challenges the consolidation order under O.IV-A of CPC. The court held that the subject matter and parties in all three suits were the same and if the main case is decided on merit, the dispute raised in the other two suits will be automatically set aside and the court below had the jurisdiction to consolidate the suits.

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