SATHYA SHREE Vs. M KUMARESHAN

JUDGEMENT

(1.) THIS revision petition arises out of the order dated 7. 1. 1998 passed by the Principal City Civil Judge, bangalore, in Miscellaneous Pelition No. 1109/1997 on the petition under Section 24 of the Code of Civil Procedure, for transfer of the suit bearing O. S. No. 4438/96 filed by the revision petitioner-respondent pending in the Court of the Additional City Civil Judge (CCH. 14), Bangalore, to the Court of the additional City Civil Judge (CCH. 16 ). Bangalore, where the earlier suit filed by respondent-petitioner had been pending.

(2.) THE learned Principal City Civil Judge, bangalore after considering the matter held that the court of the Principal City Civil Judge being the Principal Court of the original civil jurisdiction comes within the definition of the district Court and by virtue of Section 24 (3) of the Code of Civil Procedure, the said court has got power to order transfer of case from the court to the other.

(3.) THE learned Principal City Civil Judge observed that since the subject matter of both the suit is one and the same and since the relief claimed are also one and the same and it is necessary that both the suits shall be heard by one court to avoid conflicting decisions being given if they were to be pending in different courts. It further observed that there is likelihood of conflicting orders being given by the presiding Officers of the different courts where the said suits have been pending, it is necessary to withdraw and transfer of the case i e. O. S. No. 4438/96 from the file of the additional City Civil Judge (CCH. 14), Bangalore, to the Court of the Additional City Civil Judge (CCH. 16), Bangalore, where the suit bearing o. S. No. 3221/96 is pending.