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HIGH COURT OF DELHI
TR.P (C) No. 76/2013 30th January, 2014 MANISH SAREEN ..... Petitioner
Through: Mr. Ajay Kumar, Advocate.
Through
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
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 2014:DHC:580 TRP (C) 76/2013 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. Ne