Manish Sareen vs Jaswant Raj Bhardwaj And Ors
2014 Latest Caselaw 595 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          TR.P (C) No. 76/2013
%                                                     30th January, 2014

MANISH SAREEN                                       ..... Petitioner
                           Through:      Mr. Ajay Kumar, Advocate.


                           versus


JASWANT RAJ BHARDWAJ AND ORS                                ..... Respondents
                 Through

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.            The object of Section 24 of Code of Civil Procedure, 1908 is

not to bring about clubbing where suits are at different stages and more so

when the later suit is filed by the petitioner himself who seeks clubbing.

2.            The suit which is filed by the petitioner is of the year 2011

whereas the suit which was filed by the respondent No.2 herein was of the

year 2007. There is nothing on record of this Court as to what are the

different stages of both the suits. If one suit is at an advanced stage there is

no need to club a suit which is at a much later stage in view of the fact that if


TRP (C) 76/2013                                                                 Page 1 of 2
 there are any common issues, decision in the common issues in the earlier

suit will operate as res judicata for the second suit, and in which it is not

necessary therefore that parties may still go to trial. I may note that in terms

of Explanation I to Section 11 CPC even a later suit filed, if decided earlier

than the suit which was filed earlier, will operate as res judicata for the

earlier filed suit.

3.            In view of the above, there is no merit in the petition and the

same is therefore dismissed, leaving the parties to bear their own costs.




JANUARY 30, 2014                               VALMIKI J. MEHTA, J.

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