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Issues involved:
Transfer of suit under Section 25 of CPC, consolidation of suits for trial, application of Section 10 of CPC, identity of parties in separate suits, rejection of plea under Section 10 of CPC, jurisdiction of the Court for transfer, inherent powers of the Court for consolidation. Detailed Analysis: 1. Transfer of Suit under Section 25 of CPC: The petition was filed under Section 25 of the Code of Civil Procedure seeking the transfer of a suit from one court to another for the convenience of the parties and the ends of justice. The Court considered the facts of the case and allowed the transfer petition, directing the suit to be transferred to a competent Court at Visakhapatnam. The Court emphasized that the two suits should not be tried separately to avoid conflicting decrees and duplication of evidence. 2. Consolidation of Suits for Trial: The Court ordered the consolidation of the suits for trial and decision once the suit from Rewa reached the Court at Visakhapatnam. Although the Code of Civil Procedure does not explicitly mention consolidation of suits, the Court invoked its inherent powers under Section 151 of the CPC to consolidate the suits. Consolidation was deemed necessary to prevent multiplicity of proceedings, save time and expenses, and ensure justice by avoiding the repetition of evidence and conflicting judgments. 3. Application of Section 10 of CPC and Identity of Parties: The issue of the applicability of Section 10 of the CPC arose when one party, Chitivalasa Jute Mills, sought a stay of the suit filed against them in Rewa. The Court noted that the parties involved in both suits were substantially the same, despite the suits being filed by different parties against each other. The Court highlighted that Chitivalasa Jute Mills was a division of Willard India Limited, establishing the identity of the parties and the similarity of the cause of action in both suits. 4. Rejection of Plea under Section 10 of CPC: The Court criticized the lower court's erroneous assumption that there was no identity of parties in the suits, leading to the rejection of the plea under Section 10 of the CPC. The Court emphasized that the rejection of the plea did not deprive it of the power to transfer the suit in the interest of justice. The delay in filing a revision against the rejection further complicated the matter, necessitating the Court to intervene and order the transfer of the suit. 5. Jurisdiction of the Court for Transfer and Consolidation: The Court clarified that the transfer was essential to avoid conflicting decrees and ensure a fair trial by consolidating the suits. It highlighted the importance of the Court's inherent powers to make orders necessary for the ends of justice and prevent the abuse of the court process. By transferring the suit and consolidating the cases, the Court aimed to streamline the legal process and facilitate a coherent and efficient resolution of the disputes. By meticulously analyzing the issues related to the transfer of suits, consolidation for trial, application of Section 10 of CPC, identity of parties, rejection of plea under Section 10, jurisdiction of the Court, and inherent powers for consolidation, the Supreme Court provided a comprehensive judgment that prioritized the convenience of the parties, avoidance of conflicting decrees, and the efficient administration of justice.
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