- (1.) This shall dispose of Civil Revisions No. 5903 of 2011 and 5905 of 2011 as common question of law and facts is involved therein.
(2.) Plaintiffs in Civil Suit No. 366 of 23.10.1998 filed an application for consolidation of Civil Suit No. 366 of 23.10.1998 with Civil Suit No. 373 of 9.10.1998 for common disposal. The same was dismissed by the trial Court. Aggrieved by the aforesaid order, plaintiffs in Civil Suit No. 366 of 23.10.1998 have preferred Civil Revision No. 5903 of 2011 while the plaintiffs in Civil Suit No. 373 of 9.10.1998 have filed Civil Revision No. 5905 of 2011.
(3.) Defendants in Civil Suit No. 373 of 9.10.1998 preferred a revision petition before this Court seeking direction to the trial Court for early disposal of their suit. When the said matter was taken up for hearing by this Court, counsel for the defendants in the said suit submitted that the defendants had no objection for consolidation of both suits for common disposal. Plaintiffs in Civil Suit No. 373 of 9.10.1998 filed an application before the District Judge, Chandigarh, seeking transfer of those two suits to one Court as the subject matter and the parties were one and the same. The District Judge having recorded the common statements made by both parties, was pleased to withdraw Civil Suit No. 366 of 23.10.1998 from the Court of Shri S.K.Sharma, Civil Judge (Junior Division), Chandigarh and transfer the same to the court of Shri Ajit Pal Singh, Civil Judge(Junior Division), Chandigarh, before whom Civil Suit No. 373 of 9.10.1998 was pending disposal. In other words, plaintiffs as well as the defendants in both suits have felt that both matters will have to be tried by one and the same Court.;