The Delhi High Court in Review: November, 2020 [Part I]

In Janak Datwani v. Jamna Datwani, after an exhaustive review of the applicable precedent on the issue, the Court summarized the principles which would apply to the consolidation of cases as under:

“1. Consolidation is a process by which two or more causes or matters by order of the Court are combined or united and treated as one cause or matter.

2. The consolidation can be ordered where there are two or more matters or causes pending in the Court and it appears to the Court that some common question(s) of law or fact arises in both or all the suits or that the rights to relief claimed in the suits are in respect of or arise out of the same transaction or series of transaction.

3. The order of consolidation of suits is discretionary, in
exercise of power under Section 151 CPC, to secure the
ends of Justice and abuse of process of law and to save the parties from delay and multiplicity of proceedings.

4. By consolidation the parties can be relieved of the need to adduce same or similar oral or documentary evidence multiple times.”