Consolidation of suits may be directed under Section 151 CPC even in matters that are not entirely similar

Calcutta High Court: A Single Judge Bench comprising of Soumen Sen, J. allowed an application filed under Clause 13 of Letters Patent Act, 1865 for transfer of suit from City Civil Court to the High Court.

The applicant filed a suit in the High Court under Section 6 of Specific Relief Act, 1963 for recovery of possession on the ground that he was dispossessed wrongfully and forcibly. The defendant filed a suit before the City Civil Court for an injunction restraining the applicant from use and enjoyment of the suit premises. The present application was filed praying for transfer of the suit from the City Civil Court to the High Court.

The Court heard both the parties and noted, there was no doubt that the issues in both the suits were not entirely similar. However, the Court observed that although the issues may not be the same; but the same set of evidence and witnesses would be required to prove the respective issues. Further, Section 151 CPC gives the Court an inherent power to direct consolidation of suits. The Court was of the view that it was just and convenient if both the matters were tried together; it would not only minimize the time but would save expenses. Accordingly, the suit pending before the City Civil Court was directed to be transferred to the High Court. [Royal Bank of Scotland Plc v. Impressions,  2018 SCC OnLine Cal 4497, decided on 05-07-2018]

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