Prem Lala Nahata & Anr vs Chandi Prasad Sikaria
[1] Prem
Lala Nahata & Anr vs Chandi Prasad Sikaria (Supreme Court of Bharat)
1) The Code
of Civil Procedure as its preamble indicates, is an Act to consolidate and
amend the laws relating to the procedure of the Courts of Civil Judicature.
2) The very
object of consolidation is to collect the law bearing upon the particular
subject and in bringing it upto date.
3) A
consolidating Act is to be construed by examining the language of such a
statute and by giving it its natural meaning uninfluenced by considerations
derived from the previous state of the law.
4)
Consolidation is a process by which two or more causes or matters are by order
of the Court combined or united and treated as one cause or matter.
5) The main
purpose of consolidation is therefore to save costs, time and effort and to
make the conduct of several actions more convenient by treating them as one
action.
6) The
jurisdiction to consolidate arises where there are two or more matters or
causes pending in the court and it appears to the court that some common
question of law or fact arises in both or all the suits or that the rights to
relief claimed in the suits are in respect of or arise out of the same
transaction or series of transactions; or that for some other reason it is
desirable to make an order consolidating the suits.
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