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Judgment
Alok Singh, J.—Petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India impugning the order dated 31.7.2010 passed by Additional Civil Judge (Senior Division), Jagadhri, whereby application moved by the Petitioner to consolidate suit No. 178 filed by the Petitioner with suit No. 33 filed by the opposite party, was dismissed.
The brief facts of the present case are that Plaintiff/Petitioner filed first suit i.e. civil suit No. 178/3.5.07 seeking relief for specific performance of contract pertaining to land measuring 23 kanals comprised in khewat/khatauni No. 332 khasra No. 49 as described in the heading of the plaint. Another suit was filed by Rameshwar Dass, one of the Defendants in the earlier suit, challenging the sale deed dated 24.8.2006 regarding land measuring 37 kanals 10 marlas, Southern side although comprised in khewat No. 332, khatauni No. 471 and khasra No. 49.
In the opinion of this Court, land/subject-matter involved in both the suits is different, hence subsequently instituted suit is not liable to be stayed u/s 10 CPC. If Section 10 CPC has no application then suits cannot be directed to be consolidated. Ordinarily, direction for consolidation of suits is issued to decide both the suits together instead of staying the subsequent suit. However, in the opinion of this Court, principle governing the consolidation of the suits and staying the suit u/s 10 CPC is the same and identical. In view of this, there is no error in the impugned order.
Dismissed.