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2014 DIGILAW 1114 (DEL)

Mohd. Sher Nabi Chaman v. Delhi Development Authority

2014-04-01

VALMIKI J.MEHTA

body2014
JUDGMENT : Valmiki J. Mehta, J.:-- (ORAL) 1. This is a petition under Section 24 CPC for consolidation of the three suits as stated below:- (A) Suit no.326/2007 (new no.CS-336/2011, M-9/2011, titled as Mohd. Sher Nabi Chaman Vs. DDA (Previously pending in the court of Ms. Anjali Mahajan, Ld. Civil Judge, Tis Hazari Courts, Delhi) now transferred to the court of Shri Jagdish Kumar, Ld. ASCJ (East District), Karkardooma Courts, Delhi vide order dated 04.02.202013 passed by this Hon’ble Court in Transfer P.(C) no.2/2013 titled as DDA Vs. Sher Nabi Chaman (fixed for 15.07.2013). (B) Suit No.129/2005 (Renumbered as 297/2007) titled as Mohd. Sher Nabi Chaman Vs. M.S.Sharma & Ors., pending in the court of Shri Jagdish Kumar, Civil Judge, (East District), Karkardooma Courts, Delhi (fixed for 27.05.2013). (C) Suit no. 49/2011 titled as Mohd. Sher Nabi Chaman Vs. Dy. Commissioner & Ors. wherein DDA has been made party as Defendant no.3, pending in the court of Shri Anil Kumar, Ld. Additional Senior Civil Judge, North East Distt., Karkardooma Courts, Delhi (fixed for 15.07.2013). 2. In order to exercise powers under Section 24 CPC, inter alia, the following factors have to be seen:- (i) Petitioner must file pleadings of all the suits, and which are necessary to know what are the common questions of law and fact in all the suits as also whether all the parties to the suits are common. (ii) What are the stages of the suits in order to know whether powers under Section 24 CPC are being bonafidely invoked, or are being invoked for an ulterior purpose. (iii) Whether it is just and convenient and in the interest of justice to consolidate the cases which are sought to be consolidated. 3. A reference to this petition under Section 24 CPC shows that first of all complete pleadings of all the three suits have not been filed. Also, the petition does not state as to how and what common questions of law and fact arise in all the three suits. More importantly, as per the plaints which are filed of the suits, the parties in all the three suits are not the same and there are different party defendants in the suits. The petition also does not state what are the respective stages of the suits for this Court to know whether the provision of Section 24 CPC is or is not being bonafidely invoked. 4. The petition also does not state what are the respective stages of the suits for this Court to know whether the provision of Section 24 CPC is or is not being bonafidely invoked. 4. Finally, it is seen that earlier a transfer petition being Transfer Petition (C) no.2/2013 was filed by the respondent herein i.e DDA and which was allowed by a learned Single Judge of this Court on 4.2.2013, and allowing of the present petition would amount to setting aside of this order dated 4.2.2013. 5. In view of the aforesaid reasons, there is no merit in the petition, and the same is therefore dismissed, leaving the parties to bear their own costs.