CR No.7197 of 2009 - 1 – IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.7197 of 2009 DATE OF DECISION: 03.02.2010 **** Mahesh Inder Singh . . . . Petitioner VS. Dharam Pal and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Vikas Chatrath, Advocate for the petitioner. Mr.Vinod Khunger, Advocate for the respondents. **** RAKESH KUMAR JAIN J. (ORAL) This revision petition is arising out of an order dated 29.7.2009 (Annexure P-7) passed by Civil Judge (Jr. Division) Ferozepur whereby, an application filed by the petitioner, under Section 10 of the Code of Civil Procedure, 1908 (for short ‘CPC’), has been dismissed. Shorn of unnecessary details, the facts of the case are that an agreement to sell was entered into between the parties, which is subject matter of the dispute. The petitioner has filed a suit for declaration, challenging the validity of the agreement. Subsequently, the respondent has filed a suit for specific performance on the basis of said agreement. CR No.7197 of 2009 - 2 – During the course of hearing, both the parties have agreed that since both the parties are the same, the property is the same and the question of validity of the same agreement is involved in both the suits, therefore, the suits may be consolidated and be tried together by the same Court. The submission, made by counsel for the parties, appears to be plausible and for that purpose, order of the learned Court below is set aside and it is directed that both the suits, namely, suit for declaration filed by the petitioner and suit for specific performance filed by the respondent, be consolidated and tried together by the same Court. Order dasti. (RAKESH KUMAR JAIN) FEBRUARY 3, 2010 JUDGE vivek