CRP 427/2009 BEFORE HON’BLE MR JUSTICE BD AGARWAL The order dated 04.07.2009 passed by the learned Civil Judge, Di brugarh in Misc.(J) Case No. 12 of 2008 arising out of Money Suit No. 5 of 2007 has been challenged by the plaintiff. By the impugned order, the learned Civil J udge has rejected the plaintiff’s prayer of consolidation of hearing of Money Su it No. 5 of 2007 alongwith the Title Suit No. 28 of 2004. Heard Mr. AK Bhattacharya, learned senior counsel and Mr. BK Singh, learned counsel for the petitioner . Also heard Mr. B Pathak, learned CGC for the respondents/ defendants. The factual background of the case is that the petitioner was awarded the work of re-surfacing Chabua Airport. The contract order was can celled by the defendants and the said action has been challenged by the plaintif f in Title Suit. After filing Title Suit, the same plaintiff also filed the Mone y Suit seeking certain amount of compensation. Upon hearing the learned counsel for both the sides, I a m of the view that relief of compensation would depend upon the result of the ti tle suit. In other words, the cause of action for money suit is cancellation of the work order which is also the cause of action of the title suit. It can also be stated that the result of the money suit would largely depend upon the findings of the title suit. In this way, both the suit should b e heard together. In fact, the learned CGC also conceded this legal position and expressed his consent for consolidated hearing. For the foregoing reasons, the impugned order dated 04.07.20 11 is hereby set aside. The trial court is directed to amalgamate both the suits and hear the same together. In the result, the revision petition stands allowed.