When to deliver a common Judgment?

Many a time courts dispose of cases through a common judgment. If plaintiff “A” lays four different suits against Defendants B, C and D on the foot of four pronotes, all the four suits are usually consolidated, evidence is recorded in one suit on behalf of all the suits and the judgment is pronounced through a common judgment for all the four suits.

At the time of consolidation of the cases which is done by virtue of a petition under Section 151 C.P.C. or by the court suo motu, the court shall be careful to state which case shall remain as the main case and which cases shall stand merged with the main case.

Usually the case with comprehensive outlook is taken up as the main case. For instance A lays a suit against B for perpetual injunction on the ground that B has been interfering with the peaceful possession and enjoyment of the property of A.

Subsequently B lays a suit for declaration of his title together with mandatory injunction and perpetual injunction against A. Here, the suit by B is a comprehensive suit.

Therefore, the consolidation would be by clubbing A’s suit with B’s suit. The effect of the clubbing of one suit with the other is that the suit which remains as the main suit decides as to which party should commence trial, and the evidence as such will be common for both the suits.

Documents shall be marked on the basis of the party submitting that is the Document of the Plaintiff shall be marked as Ex A series and that of the Defendant as B series, which make no difference.

It is in the main case that the common judgment is pronounced indicating the suit numbers, that is one suit will be distinctly stated followed by the other suit next with the name of the parties.

Consequently, it becomes necessary to draw separate decrees in both the suits. So far as the State of Andhra Pradesh is concerned, the method adopted when cases are consolidated is to write a single judgment.

If the reliefs in the several clubbed suits are distinct from one another, the finding with regard to each case is given at the end of the judgment in respect of individual cases out of the clubbed case which form the basis for the preparation of a decree.

In the State of Andhra Pradesh also the method of writing a perfunctory judgment without giving reasons or stating that the reasons were stated elsewhere is frowned.