Article text
(1) Where two or more suits or appeals are pending between the same parties in the same court, in which the same or similar questions of law or fact are involved, the court may. of its own motion or on the application of either party, order a consolidation of such suits or appeals on such terms as it thinks fit.
(2) Where two or more suits are pending between the same parties in different courts, in which the same or similar.questions of law or fact are involved, or where two or more suits pending between the same parties in different courts are so closely connected that they cannot properly be tried sparately, either party may, at any time before evidence is taken in any of socii courts. apply for an 6 CIVIL PROCEDURE CODE order that such suits be consolidated.
(3) An application under sub-art.
(2) shall be made to the High Court, where the suits are pending in courts which are all subor- dinate thereto, or to the Supreme Court, where one or more of the courts in which the suits are pending is a division of the High Court on circuit.
(4) The court to which the application is made shall, on granting the same, direct by which of the subordinate courts the suits shall be tried.
(5) The provisions of sub-arts. (2)-(4) shall also apply where two or more appeals, in which the same or similar qucstions of law or fact are involved, are pending between the same parties in different courts of the same grade.
