3.Pending the original petition, the revision petitioner viz., K.C.Elizhil @ Malliga filed the suit in O.S. No. 5354 of 2010 before the VII Assistant, City Civil Court, Chennai for declaring that the Judgment and Decree dated 16.02.2016 passed in O.S. No. 828 of 2016 is null and void. The suit was filed on the ground that she is the surviving legal heir of his father Late.Paul Mitra and therefore the decree and Judgment passed in O.S. No. 828 of 2016 will not bind her. Thus, the subject matter of the suit in O.S. No. 5354 of 2010 and the Original Petition in OP No. 49 of 2017 filed by Samuel Solomen are one and the same. Therefore, in the interest of justice, joint trial has to be conducted in OP No. 49 of 2017 and O.S. No. 5354 of 2010 on the file of City Civil Court, Chennai. Therefore, in the interest of justice joint trial has to be conducted as the effect of decision in one case will have a barring effect on the other case. Therefore, by exercising the power under Section 115 of CPC, this Court hereby direct that the suit Pending in O.S.No.5354 of 2010 before the VII Assistant, City Civil Court, Chennai is ordered to be transferred and tried along with Original petition in O.P.No.49 of 2007 pending before this Court. The learned master is hereby directed to record evidence in OS No. 5354 of 2010 and OP No. 49 of 2007 by transferring the case records. Hence, the Civil Revision Petition is ordered accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
