MOHD. QASIM Vs. ROOP NARAIN

JUDGEMENT

(1.) Heard Sri H.M. Srivastava, learned Counsel for the petitioner and perused the record. This writ petition is directed against the order dated 19th of May, 2012 passed by Judge, Small Causes Court, Kanshi Ram Nagar rejecting petitioner's application to consolidate J.S.C.C. Suit No. 10 of 2006 and Original Suit No. 376 of 2011. It is not in dispute that J.S.C.C. Suit No. 10 of 2006 was filed for eviction and recovery of arrears of rent from the tenant while Original Suit No. 376 of 2011 has been filed seeking cancellation of sale-deed and rent agreement in respect of the premises in question. The Court below has found that the nature of suit and jurisdiction of the Court where two matters have been filed and entertained are totally different and, therefore, these two matters cannot be consolidated.

(2.) Learned Counsel for the petitioner relied on section 10 of the Code of Civil Procedure but I have no hesitation to observe that section 10 has no application as neither petitioner has moved any application under section 10 requesting for staying subsequent proceedings nor the same has been considered and disposed of by the Court below and no such prayer for staying of the suit has been made here also.

(3.) Moreover, learned Counsel for the petitioner could not show that the controversy raised in two suits involving different jurisdiction yet can be consolidated and heard by one Court. As a matter of fact, relief claimed in SCC Suit No. 10 of 2006 is for eviction and recovery of arrears of rent and damages triable by Judge, Small Causes Court whereas Suit No. 376 of 2011 was filed for cancellation of sale-deed which is triable by Civil Judge, Senior Division. Having regard to the nature of reliefs claimed, it cannot be said that both the suits can be consolidated and tried by one and the same Court. No interference therefore is called for. Dismissed.