Section 10 CPC Deals With Stay Of Subsequent Suits, Not Clubbing Or Consolidation Of Cases: Himachal Pradesh High Court

The Himachal Pradesh High Court held that Section 10 of the Civil Procedure Code has nothing to do with the connection with consolidation or clubbing of suits. It provides for the stay of subsequent suits filed between the same parties on the same cause of action.

Justice Ajay Mohan Goel remarked that: “Section 10 of the Civil Procedure Code has got nothing to do with the issue of clubbing or consolidating the cases, because, the same relates to the principle of res-subjudice, wherein, a subsequent suit filed between the same parties on the same cause has to be stayed in the light of the pendency of the earlier suit.”

The petitioner, Hardeep Singh, filed a petition challenging the trial court's order through which his application under Section 151 CPC seeking clubbing of four civil suits was dismissed.

His plea was rejected by the trial court on the ground that there is no provision provided for clubbing of cases involving common issues and the only provision in this regard is Section 10 of the Civil Procedure Code, which does not allows/clubbing.

The Court remarked that consolidation of cases is only permissible when certain parameters are met like when common questions of fact or law arise or when it serves the interests of justice.

The Court further stated that “this depends upon the facts involved in the case(s) concerned and there is no straitjacket formula that every such application has either to be allowed or rejected as has been done by the Trial Court by observing that there is no provision for clubbing or consolidation of cases.”

Thus, the Court concluded that the trial court's order was not sustainable in the eyes of the law.

Case Name: Hardeep Singh v/s Manohar Lal and others 

Case No.: CMPMO No. 325 of 2023

Date of Decision: 28.10.2025

For the Petitioner: Mr. Sanjeev Kuthiala, Senior Advocate, with Ms. Tamanna Sharma, Advocate

For the Respondents: Mr.Sanjeev Sharma, Advocate for respondent No.1

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