Law: Civil Procedure Code (V of 1908)

Section: 151

Law: West Pakistan Family Courts Act, 1964

Section: 17

Civil Procedure Code (V of 1908) S. 151-West Pakistan Family Courts Act (XXXV of 1964), S. 17 Consolidation of suits-Contention that consolidation of suits could be effected under S. 151 of Code of Civil Procedure, 1908), and such section not being applicable to proceedings before Family Courts, Family Court could not consolidate suits for restitution of conjugal rights ant dissolution of marriage-Held not correct-Civil Court consolidates two suits fn exercise of its inherent powers and not in exercise of any power specifically conferred by S. 151-Powers of Family Court to make order necessary for ends of justice and to prevent abuse of its process, such as to consolidate two suits to avoid conflict of judgments, not subject to any limitation.                                                                                                                                     ORDER The grievance in this writ petition, wherein the challenge is to a decree for dissolution of marriage granted by a learned Family Court in favour of respondent No. 1, is mainly on the ground that the suit of the petitioner for restitution of conjugal rights was consolidated with the suit for dissolution of marriage, without competence. To be precise, the contention raised is that the Civil Procedure Code except specified provisions does not apply to the proceedings conducted under the Family Courts Act and because section 151 ibid, under which according to the learned counsel consolidation of suits can take place, is not such a provision, therefore, the learned Family Court was not competent to consoli date both the suits. 2. It is true that section 17 of the Family Courts Act provides that "save as otherwise expressly provided by or under this Act, the provisions of the Evidence Act, 1872 and the Code of Civil Procedure, 1908, except sections 10 and 11…