Plea For Consolidation Of Suits Cannot Be Filed Under Section 10 Of CPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that plea for clubbing/ consolidation of cases cannot be filed under Section 10 of the Civil Procedure Code as it only provides for stay on subsequent suits filed by same party under same cause of action.

The Court was considering a Petition seeking to allow the Application moved by the Petitioner/ Defendant under Section 151 of the CPC for clubbing/consolidating the suits together.

The bench of Justice Ajay Mohan Goel observed, "Section 10 of the Civil Procedure Code has got nothing to do with the issue of clubbing or consolidating the cases, because, the same relates to the principle of res-subjudice, wherein, a subsequent suit filed between the same parties on the same cause has to be stayed in the light of the pendency of the earlier suit."

The Petitioner was represented by Senior Advocate Sanjeev Kuthiala while the Respondent was represented by Advocate Sanjeev Sharma.

The Court, however, didn't agree with the reasoning of the Trial Court that there is no provision provided for clubbing of cases involving common issues and the only provision in this regard is Section 10 of the Civil Procedure Code which does not allows clubbing.

"....This Court is of the considered view that the learned Trial Court has completely misdirected itself by returning the findings that there is no concept of consolidation or clubbing the cases......Clubbing and consolidation of the cases is permissible, in case, the parameters to do so are met in terms of the prayer made and it is not as if the cases can either not be consolidated or clubbed as has been observed by the learned Trial Court. In order to avoid multiplicity of recording of evidence etc., as also the adjudication in isolation of one lis which may have bearing on the other lis, cases are clubbed and consolidated. But as observed hereinabove this depends upon the facts involved in the case(s) concerned and there is no straight jacket formula that every such application has either to be allowed or rejected as has been done by the learned Trail Court by observing that there is no provision for clubbing or consolidation of cases", the Court observed. 

The Application filed for clubbing and consolidation of the cases was thus ordered to be revived with direction to the Trial Court to decide the same on the basis of its contents.

Cause Title: Hardeep Singh v. Manohar Lal and others (2025:HHC:35793)

Appearances:

Petitioner- Senior Advocate Sanjeev Kuthiala, Advocate Tamanna Sharma

Respondent- Advocate Sanjeev Sharma

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