Transfer/Clubbing-Consolidation of Suits

Transfer of Suit and Clubbing/Consolidation of Suit...

                                     

- Generally court may not transfer suit from one court to another court.

- In many cases litigants entertain the apprehension that they would not get a fair trial on a flimsy , unreasonable irrational grounds which are not encouraged by the courts in dealing with transfer applications.

- The court requires it's own satisfaction that there are some grounds on which the apprehensions of the litigant may be regarded as reasonable one.

- The court has to take into consideration that not only the litigant but also the public at large must have the necessary and implicit faith in in the system of administration of justice.

- Clubbing or Consolidation  of   suits may be done by court in which all suits are connected with each other.

- Clubbing/Consolidation done to avoid conflicting judgements on same issues and also to save time , costs , repetition , of procedures.

===== Relevant Provision ===

- Section 24 , 25  & 151 of C.P.C. 1908.

_ _ _ _ _ Relevant Judgement _ _ _

- Crulshank Co. Ltd. v/s B.D.A.Ltd.& ors 1993 Bom.CJ 633.

- Mahabir Prasad  Sing v/s M/S Jacks Aviation Pvt. Ltd. A.I.R.1999 S.C.287.

- M/S Chitivalada Jute Mills v/s M/S Jaypee Rewa Cement A.I.R.2004 S.C.1687.

- Mahalaxmi Coop.Hous.Soc.Ltd. & Etc. v/s Ashabhai Atmaram Patel (D) Tr.Lrs. & Ors A.I.R.2013 S.C.961.

-B.Santoshamma &/Anr v/s D.Sarala & Anr 2020 SAR 1131.

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