Supreme Court of India
Prem Lala Nahata and Anr. v. Chandi Prasad Sikaria
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that on the facts and in the circumstances of the case and the nature of the pleadings in the three suits that are now before C the Original Side of the Calcutta High Court, it would be just and proper to try them together and dispose them of in accordance with law for which an order has already been made.
Judgment, page 16
From the headnote
Code of Civil Procedure, 1908-Section 99; Orders /, JI and Vll Rule ll(d) Misjoinder of plaintiff and cause of action-Nature and effect of- Held-They are not a bar entertaining of suit as (i) they were only procedural (ii) defendant does not have an absolute right to contend that such a suit should not be proceeded with (iii) Court has liberty to treat plaint in such a case as relating to two suits (iv) Court was empowered to consolidate different suits on basis of common questions of law or fact. Suit filed by mother and daughter together for recovery of two sums separately lent by them to
Where later benches applied it
- 2022 M/s. Patil Automation Private Limited and Ors. v. Rakheja Engineers Private Limited
- 2013 Mahalaxmi Co-operative Housing Society Ltd. & Etc. v. Ashabhai Atmaram Patel(d) Th. Lrs. and Ors.
- 2024 Shri Mukund Bhavan Trust and Ors. v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another
Of those, 2 referred to · 1 mentioned
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