IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 20.11.2008. S.B. CIVIL WRIT PETITION NO.12167/2008 Om Prakash Vs. ACJ (JD), Sikar & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri M.M. Ranjan, for the petitioner. The petitioner in this writ petition has challenged the order dated 18.9.2008 by which the application submitted by the petitioner under Section 10 CPC has been dismissed. The learned counsel for the petitioner sought to submit that the order suffers from a jurisdictional error inasmuch as the reason assigned is that the earlier application under Section 10 CPC had been dismissed by the learned trial court vide order dated 23.7.2008 and on the principle of resjudicata the present application has also been dismissed which the learned counsel for the petitioner submits is not attracted in the facts and circumstances of the present case. However the learned counsel for the petitioner submits that though the earlier application was dismissed since the petitioner had failed to substantiate his case under Section 10 CPC as the relevant documents had not been filed but the petitioner would be satisfied, in case the trial of the two suits in which as per the learned counsel for the petitioner the parties are common, subject matter is common and the relief is also common, are ordered to be tried together. Learned counsel for the petitioner submits that both the suits may be ordered to be tried together. Having heard the learned counsel in this behalf, liberty is granted to the petitioner to move a proper application in accordance with law which may be considered and decided in accordance with law. Subject to the above, this writ petition is disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS