CLR No. 43 of 2008 Hon. Prafulla C. Pant, J. Shri Naresh Pant and Ms. Menka Tripathi, Advocates, for the revisionist. Shri Arvind Vashistha, Advocate for the respondents. Heard. This revision is directed against the order dated 03.05.2008, passed by Additional District Judge II, Dehradun, in Original Suit No. 381 of 2004, whereby said court has rejected the application, moved by defendant No. 4, under Section 10 of Code of Civil Procedure , 1908. Admittedly, the previous suit No. 93 of 1995, is lying dismissed in default and yet to be restored. In such circumstances, there are no two suits technically pending on the date when the application under Section 10 of Code of Civil Procedure, is moved. Therefore, the trial court has committed no error of law in rejecting the application under Section 10 of the Code. It has already been observed by the trial court that once the previous suit is restored, the defendant No. 4 can make a request for getting consolidated the two suits under Order 4-A of the Code so that the evidence may be recorded together. Having considered submissions of learned counsel for the parties, and after going through the impugned order, this Court does not find any jurisdictional error or illegality in the impugned order. Therefore, the revision is dismissed summarily. (P. C. P., J.) 29.10.2009 S