Supreme Court · 2007 INSC 106 · Decided 2 February 2007
Prem Lala Nahata and ANR. v. Chandi Prasad Sikaria
- Court
- Supreme Court of India
- Citation
- 2007 INSC 106 · [2007] 2 S.C.R. 261
- Case number
- CIVIL APPEAL No. 446/2007
- Decided
- 2 February 2007
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 99
Headnote
Code of Civil Procedure, 1908-Section 99; Orders /, JI and Vll Rule ll(d) A B Misjoinder of plaintiff and cause of action-Nature and effect of- C Held-They are not a bar entertaining of suit as (i) they were only procedural (ii) defendant does not have an absolute right to contend that such a suit in such a case as relating to two suits (iv) Court was empowered to consolidate different suits on basis of common questions of law or fact. D Suit filed by mother and daughter together for recovery of two sums separately lent by them to defendant-Claim based on their transactions with defendant
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