- (1.) THIS revision petition is directed against the order dated 4.8.2010 passed by the District Judge, Pali, whereby the application filed by the respondent under Section 24 CPC has been allowed and Civil Original Suit No.83/2005 (Kaju Devi v. Mohd. Ali) pending before the Court of Additional Civil Judge (Jr.Div.) No.1, Pali has been ordered to be transferred to the Court of Additional District Judge (Fast Track) No.2, Pali. (The Court of Additional District Judge (Fast Track) No.2, Pali has since been abolished and the said matters are said to be now pending before the District Judge, Pali.)
(2.) THE application under Section 24 CPC was filed by the respondent seeking consolidation of the two suits, the Civil Original Suit No.83/2005 filed by the petitioner seeking injunction against Mohd. Ali regarding a piece of land which was claimed by her to be public path way and Civil Original Suit No.108/2007 filed by Mohd. Ali against Gram Panchayat through its officials and petitioner - Kaju Devi seeking declaration and injunction regarding piece of land which included the land in dispute in Civil Original Suit No.83/2005 as well. The application was opposed by the petitioner inter -alia on the ground that the suit filed by her has already proceeded considerably wherein the defendant Mohd. Ali has not filed a written statement and the suit was fixed for evidence of the plaintiff. Further plea was raised that the parties in both the suits are different, therefore, the same cannot be consolidated.
(3.) THE trial court after hearing the parties came to the following conclusion : - .........[vernacular ommited text]...........;