R S JAIN Vs. R SRINIVASAN

JUDGEMENT

(1.) By this petition under Section 24 of the Codeof Civil Procedure the petitioner is seeking transfer of the suit no. 290 of 1985pending in the Court of Shri V.K. Jain, Sub Judge, 1st Class, Delhi filed by therespondents against the petitioner for permanent and mandatory injunctionrestraining her, through her agents, representatives, employees or associatesfrom constructing rooms and digging the Barsati floor of Flat No. 402, 5Kaushalya Park, Hauz Khas, New Delhi and other consequential relief on theground that another suit filed by Shri Ashok Kumar Jain who is the son ofthe petitioner herein, for recovery of damages against the petitioner and fiveothers, is pending in this Court and it is expedient to hear the two suitstogether.

(2.) Learned counsel for the petitioner contended that the issues in the twosuits are somewhat similar and if both the suits are tried together, it will avoidmultiplicity and conflicting decisions. Learned counsel referred to the judgmentof the Supreme Court in Indian Overseas Bank, Madras v. Chemical Construction Co. & Others, AIR 1979 SC 1514 wherein it has been held as follows :-

(3.) This being the position, in my view, the case of the petitioner is notcovered by the principle laid down by the Supreme Court in Indian OverseasBank's case (supra).