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2026 DAILYLAW 3191 (RAJ)

SMT. ASHA JAIN v. SHRI KAILASH CHAND JAIN S/O LATE SHRI GHAASILAL JI RANA

CW/2046/2026 · 2026-04-20

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:16648] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2046/2026 1 Smt. Asha Jain, Aged About 63 Years, W/o Late Shri Pradeep Kumar 2 Amit Jain, Aged About 43 Years, S/o Late Shri Pradeep Kumar 3 Sumit Jain S/o Late Shri Pradeep Kumar, Aged About 38 Years All Tenants/residents Of 347, Bakhshi Ji Ki Chauk, Mehndiyon Ka Chauk, Chaukdi Ghat Darwaja, Ramganj Bazar, Jaipur (Raj.) ----Petitioners/Non-Applicant Versus 1 Shri Kailash Chand Jain S/o Late Shri Ghaasilal Ji Rana, Aged About 64 Years, Resident Of House No. 440, Rana Bhawan, Nataniyoin Ka Raasta, Laalji Saand Ka Raasta, Tripoliya Bazar, Jaipur (Raj.), At Present Plot Number 56, Bhagwati Nagar First, Kartarpura Jaipur. 2 Smt. Premlata Agrawal W/o Shri Dwarkadas, Aged About 60 Years, Through Power Of Attorney Holder Kailash Chand Jain S/o Late Shri Ghaasilal Ji Rana, Resident Of Plot No. 15, Ganesh Vihar-7, Gram Macheda Jaipur. ----Respondents/Applicant For Petitioner(s) : Mr. Ram Chandra Sharma For Respondent(s) : Mr. R.K. Daga with Mr. Hitesh Jain HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 20/04/2026 1. The present writ petition has been filed assailing the order dated 06.01.2026, passed by learned Rent Tribunal, Jaipur Metropolitan-II, Jaipur, whereby the application filed by the petitioners under Section 151 of the CPC has been rejected. [2026:RJ-JP:16648] (2 of 3) [CW-2046/2026] 2. Brief facts giving rise to present writ petition are that a suit was filed by the respondents-applicants, Kailash Chand Jain and Premlata Agrawal, against Asha Jain, Amit Jain, and Sumit Jain for eviction in the year 2023. 3. Thereafter, another suit came to be filed by one Gulab Devi against Asha Jain, Amit Jain, and Sumit Jain for eviction. The defendants in the earlier suit filed an application under Section 151 CPC seeking consolidation of both suits. The learned Trial Court, vide impugned order dated 06.01.2026, rejected the application. 4. Learned counsel for the petitioners further submits that both the suits are for eviction and, to avoid any contradictory judgments, they may be ordered to be decided together. 5. Per contra, learned counsel for the respondents submits that the suit filed earlier by Kailash Chand Jain and Premlata Agrawal is at a different stage, whereas the second suit filed by Gulab Devi is at another stage. He further submits that the two suits cannot be ordered to be decided simultaneously. 7. Heard and perused the material available on record. 8. This Court finds that the earlier suit filed by the plaintiffs, Kailash Chand Jain and Premlata Agrawal, was instituted in the year 2023, whereas the subsequent suit filed by Gulab Devi was instituted in the year 2025. The defendants-petitioners are common in both suits. 9. If the defendants-petitioners were aggrieved by the filing of subsequent suits, they could have filed an application under Section 10 CPC for staying the subsequent suit. However, instead, the defendants-petitioners chose to file an application for [2026:RJ-JP:16648] (3 of 3) [CW-2046/2026] consolidation of the suits, which this Court finds to be misconceived. This Court finds no error in the impugned order dated 06.01.2026. 11. With the aforesaid observations, the present Civil Writ Petition is dismissed. However, the defendants-petitioners would be at liberty to file application under Section 10 CPC, if so advised. 12. Pending application(s), if any, stand disposed of. (BIPIN GUPTA),J MAHIMA /726