Dalbir Kaur vs Inderjeet Singh & Ors.
2010 Latest Caselaw 316 Del

     *             IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                       Date of Reserve: December 08, 2009
                                                           Date of Order: January 20, 2010
+ OMP 584 of 2008
%                                                                              20.01.2010
     Dalbir Kaur                                                       ...Petitioner
     Through: Mr. Vineet Chadha, Advocate

         Versus

         Inderjeet Singh & Ors.                                        ...Respondents
         Through: Mr. Joginder Singh, Advocate



         JUSTICE SHIV NARAYAN DHINGRA

1.       Whether reporters of local papers may be allowed to see the judgment?

2.       To be referred to the reporter or not?

3.       Whether judgment should be reported in Digest?


         JUDGMENT

1. By this order, I shall dispose of a petition under Section 24 read with Section

151 CPC preferred by the petitioner for transfer and consolidation of two suits

pending before the District Court to this Court. It is submitted by counsel for the

petitioner that suit titled as S. Joginder Singh versus Parmeshwar Kaur and others

no.1445 of 1993 and the Suit titled as Jagjit Singh versus Inderjeet Singh and others

be transferred to this Court and consolidated with Civil Suit CS(OS) 213 of 2007 on

the ground that no prejudice would be to caused to any of the parties if the two suits

were transferred to this Court. It is also contended that the evidence to be led in all

the aforesaid suits was identical and this would avoid multiplicity of proceedings.

2. This petition is opposed by respondent stating that the present petition is

misconceived and misuse of judicial process and is not maintainable. It is submitted

that the Suit bearing No.25 of 2007 titled as Dalbir Kaur and others verus Inderjeet

Singh and other was pending for the last 16 years and the petitioner herein was

OMP 584.08 Dalbir Kaur vs. Inderjeet Singh & Ors. Page 1 Of 2 delaying the said suit. The suit was for permanent injunction restraining respondents

from selling the property bearing no.22, Block-A, Lajpat Nagar-III, New Delhi. The

suit titled Jagjit Singh versus Inderjeet Singh and other filed in January 2006 by the

petitioner herein was in respect to property bearing no. 22, Block-A, Lajpat Nagar-

III, New Delhi whereas the suit pending in this Court was in respect to property

bearing no.22, Saman Bazar, Jungpura, New Delhi. Hence, not only the suits were in

respect of different properties but also the issues involved were different and

consolidation of the suits would serve no purpose and would prejudice the rights of

the parties.

3. I have gone through the plaint of the three suits and the defence taken. I

consider that since the suit pending in this Court is in respect of all together different

property, though the parties are somewhat similar, the defence of defendants in

different suits is also different and the points to be decided in respect of the two

properties are different. Calling of two suits from District Court to this Court would in

fact prejudice different parties and it cannot be said that the evidence in all the suits

would be same.

4. I find no merit in this petition. The petition is hereby dismissed. No orders as

to costs.

January 20, 2010                                        SHIV NARAYAN DHINGRA J.
rd




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