MEWATI DEVI AND ORS. Vs. MURALI GUPTA AND ORS.
LAWS(ALL)-2015-9-203
HIGH COURT OF ALLAHABAD
Decided on September 16,2015

Mewati Devi And Ors. Appellant
VERSUS
Murali Gupta And Ors. Respondents

JUDGEMENT

- (1.) The petitioners are aggrieved by order dated 14 May 2015 passed by the trial Court in Original Suit No. 502 of 2014 whereby, the application 54 Ga filed by the defendants in the said suit has been allowed and Original Suit No. 502 of 2014 has been consolidated with Original Suit No. 603 of 2014 and Original Suit No. 502 of 2014 instituted by the petitioners has been made the leading case. The petitioners have also assailed the validity of the order dated 28 August 2015 passed by the District Judge, Ghazipur in Civil Revision No. 141 of 2015 dismissing the revision and affirming the order of the trial Court.
(2.) Learned counsel for the petitioners submitted that in case the suits are tried separately, it would be convenient to the parties to lead evidence, inasmuch as, the plaintiffs in both the suits are different. He further submitted that the suit property is also not the same.
(3.) The trial Court in the impugned order has noted that though the plaintiffs in the two suits are different, but the defendants in both the suits are one and the same and the suit property in the two suits are adjoining properties and thus, in case the suits are consolidated, then both the matters could be decided on the evidence led therein and it would also facilitate the trial of both the suits. The Revisional Court has affirmed the order passed by the trial Court by concurring with the finding recorded by it.;


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