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ABDUL HAMEED KHAN vs NASRULLAH S — 2021 PLD 59 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 59 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
ABDUL HAMEED KHAN vs NASRULLAH S
Subject matter
Criminal
Provisions referred to
S. 151---I; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL HAMEED KHAN VS NASRULLAH S. 151---Inherent powers of Court---Scope---Consolidation of suits was prerogative, which was to be exercised on the dictate of the justice to avoid contradictory judgments and for better administration of justice---Though no provision for consolidation of civil suits was provided in the Civil Procedure Code, 1908 but the Court could consolidate different suits to avoid conflict of judgments if the parties in the suits were the same and the cause of action was common---Parties, in the present case, had filed separate suits against each other before the Trial Court about the same property---Admittedly, subject-matter of the two suits, was the same and if the suits would have been adjudicated separately there was likelihood of conflicting judgments subject matter of the suits being the same it was proper in the interest of justice that they (suits) be consolidated---Despite the fact that the two suits were at different stages of adjudication, they should be heard together---No illegality or infirmity was found in the impugned orders and the judgments passed by both the Courts below---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2021 PLD

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