T. V. EACHARA WARRIER Vs. STATE OF KERALA

JUDGEMENT

(1.) The plaintiffs in O.S. No. 133 of 1979 before the Sub Court, Badagara have filed this petition under S.24, Civil Procedure Code for a transfer of the suit "to some other courts in Ernakulam".

(2.) The plaintiffs claim Rs. 7 lakhs as damages "for the death of the plaintiff's son in the custody of the State of Kerala as a result of the tortures inflicted on him by defendants 2 to 6". They had commenced the proceedings as early as on 13th August 1978, seeking to institute the suit as indigent persons. The suit was instituted in the Sub Court, Badagara on the basis of an averment in the plaint that the "wrongful arrest and death occurred within the jurisdiction of that court in Kakkayam".

(3.) The trial was to commence on 23rd October 1982, The present petition was filed on 13th October 1982. The grounds relied on for the transfer are: (i) the residence of the plaintiffs is at Ernakulam, that of defendants 1 to 4 at Trivandrum and of the 5th defendant at Palghat; the 6th defendant was then serving in the Cannanore District, (a) most of the witnesses to be examined are from Ernakulam and nearby areas and (iii) the documents to be produced are either in Trivandrum or in Ernakulam. According to the petitioners, some of the witnesses to be examined had informed the 1st plaintiff that they would prefer to go to Ernakulam for various reasons including health; and some of the witnesses even expressed apprehension about their personal safety, if they had to go to Badagara to give evidence. That the expenses would be higher if the trail is to take place at Badagara and that the plaintiffs engaging advocates from Ernakulam and the plaintiffs understanding about the defendants having engaged counsel in Ernakulam, had been put forward as additional reasons.