Qazi Syed Muhammad Afzar v. Mankumar Mahton

Coutts, J.:— This is an application in revision against an order of the Subordinate Judge of Patna, consolidating two suits. It is not contended that the learned Subordinate Judge had not jurisdiction under section 151, Code of Civil Procedure, to consolidate the suits; and that he has such jurisdiction has been held not only in this Court but in other High Courts in India, and I may refer particularly to the case of Kali Charan Dutt v. Suraj Kumar Mondal, where this matter was very fully considered. It is contended, however, that the jurisdiction under section 151 cannot be exercised without the consent of parties. No authority has been adduced in support of this contention and I am unable to accept it. It seems clear that if the court has jurisdiction to consolidate under section 151 it must have that jurisdiction without the consent of parties. If this were not so it would not have inherent jurisdiction to consolidate at all, for consent of parties cannot confer a jurisdiction that does not exist.

It is not for us in revision to consider whether in this particular case consolidation should have been allowed or not, but I may remark that, in my opinion, the court has exercised its jurisdiction wisely. I would accordingly dismiss this application with costs.

Das, J.:— I agree.

Appeal dismissed.