The Madhya Pradesh High Court at Jabalpur, set aside an order of the 12th Civil Judge, Junior Division, Bhopal, which had rejected the petitioner’s application under Section 151 CPC seeking recall of a prior order passed under Section 10 CPC.
The petitioner had filed a suit for declaration and injunction claiming ownership over land in Village Barkheda Pathani, alleging that a portion had been fraudulently transferred to the respondent on the basis of a forged power of attorney. As both parties had filed separate suits concerning the same property, the civil court had stayed the later suit under Section 10 CPC. The petitioner later sought recall of that order, citing conflicting interim orders and prejudice caused by the stay, but her application was dismissed.
Justice Deepak Khot observed that the trial court failed to exercise its jurisdiction by dismissing the application without considering its merits. Emphasising that consolidation of suits is within the inherent powers of a civil court to avoid conflicting decisions and multiplicity of litigation, the High Court held that the matter warranted reconsideration.
Accordingly, the impugned order dated January 13, 2025, was quashed, and the trial court was directed to decide the petitioner’s Section 151 CPC application afresh, in line with the legal principles governing consolidation of suits and supervisory jurisdiction under Article 227 of the Constitution.
Appearances:
Petitioner: Shri Ajay Gupta, Senior Advocate with Shri Rajeev Mishra, Advocate
Respondent 1: Shri Ankit Saxena State: Shri Amit Vikram Pandey, Panel Lawyer.
