Sudhir Agarwal, J. - (1.) Sri V.M. Zaidi, learned Senior Advocate appearing for petitioner submitted that the Trial Court illegally rejected petitioners' application for consolidation of S.C.C. Suit No. 54 of 1990, subject matter of present writ petition, alongwith Regular Suit No. 188 of 1990 which was also pending in the court of Civil Judge (Senior Division) Muzaffar Nagar and secondly, despite petitioners' further request of adjournment he declined to grant adjournment and had acted wholly illegally inasmuch as it has resulted in denial of opportunity to petitioners to lead evidence and, therefore, the impugned orders are liable to be set aside. He further submitted that petitioners' case was that respondents tenants have committed default in payment of rent, and, in denial thereof the respondents-tenants did not adduce any evidence whatsoever, yet a finding has been recorded against petitioners, hence also the impugned orders are patently illegal.
(2.) In my view, none of the submissions have any substance.
(3.) It cannot be disputed that the suit in the present case was a small cause suit. The petitioners sought it to be consolidated with a regular suit which according to him was pending before same Civil Judge (Senior Division) who was also having the power to function as Small Cause Court. Section 33 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the "Act, 1887") clearly provides, when the same court exercises jurisdiction of Regular Civil Court as well as Small Cause Court, it shall be deemed to be different 'Court' for the purpose of Code of Civil Procedure as well as Act, 1887. Therefore, it cannot be said that simply because the Presiding Officer having jurisdiction on the regular side in the same court was invested with power of Small Cause Court, the two cases were pending in the same court or must be deemed to be pending in the same court. This submission ignores Section 33 of Act, 1887. The Trial Court, therefore, has rightly rejected application for consolidation of regular suit with small cause suit.;