Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 151---Consolidation of suits---Object and scope---Prerequisites---To avoid likelihood of conflict of opinion, discourage multiplicity of proceedings, duplication of trial of same issue between the same set of parties, to expedite decision, avoid delay and inconvenience, consolidation or joinder of several actions into one may be ordered by the Court, where it is satisfied that all the causes are; between the same parties; before the same Court; point in issue, defence are substantially common in all such action; common evidence is to be recorded and consolidation is applied at an earliest opportunity, before evidence is recorded. (b) Civil Procedure Code (V of 1908)--- ----O. II, R. 7---Objection to non-joinder ---Scope---Any such objection is analogous to misjoinder of the causes of action in terms of O.II, R.7, C.P.C. and ought to be taken at earliest possible opportunity. (c) Civil Procedure Code (V of 1908)--- ---Ss. 151 & 11, Expln. III---Consolidation of two suits---Principle of constructive res judicata---Applicability---Two suits on the same cause of action between the same parties were pending before the same Trial Court---Earlier suit was at the final stage of decision whereas the subsequent suit was at a preliminary stage---Appellant filed application for consolidation of both the suits but the Trial Court declined to do the same---Instead of assailing the order of the Trial Court before higher forum, the appellant filed another similar application after one year in the other suit which was also dismissed---Validity---Where the application for consolidation was repeated after more than one year, on substantially same facts and grounds the appellant could not avoid the implication of principle of constructive res judicata as the same was also applicable to orders passed on applications---Appeal was dismissed in circumstances. Shahzada Sultan Humayun v. Nasiruddin 1984 CLC 3090 and Black's Law Dictionary, 6th Edn. ref. JUDGMENT MUSHIR ALAM, J.--- This appeal calls in question the order dismissing on application under section 151, C.P.C. (C.M.A. No.2004 of 2001) filed by the appellant/defendant No.2 in…

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