ARIAMMA SACHARIAH Vs. ROSE ELIZABETH KURIAN

JUDGEMENT

(1.) This C.M.C. had been referred to a Division Bench by a learned Single Judge by order dated 18th December, 2002. The petitioners in the C.M.C. have filed this case for transfer of two suits pending in the Munsiff's Court, Kottayam to the Sub Court, Kottayam to be heard along with another Suit viz., O.S. No.186 of 2000 of the Sub Court, Kottayam. Before approaching this Court, the petitioners approached the District Court, Kottayam for the same relief. The District Court, Kottayam by Order dated 18th September, 2000 dismissed the petition. It is thereafter that the C.M.C. has been filed under S.24 of C.P.C.

(2.) Respondent would submit that since the power under S.24 has been exercised by filing petition before the District Court, Kottayam, the same power cannot be exercised before this Court. Aggrieved party can challenge the order passed by the District Judge under S.24 of C.P.C. The learned Single Judge referred the matter to the Division Bench on the ground that there are no pronouncements of this Court. Another ground on which the matter is referred is whether a single petition is enough to transfer two suits or two separate petitions ought to have been filed.

(3.) We heard learned Counsel for the petitioners and learned Counsel for the respondents.