S ARUMUGAM Vs. P POOVARAGHAVAN

JUDGEMENT

(1.) THIS transfer petition has been filed by the petitioner, praying that this Court may be pleased to withdraw the suit, in O.S.No.15 of 2009, pending on the file of the Subordinate Court, Mettur and to transfer the same to the Subordinate Court, Palani, to be tried along with the suit, in O.S.No.89 of 2009.

(2.) THE learned counsel for the petitioner had stated that the petitioner has raised common defence in both the suits. He had also submitted that the suit, in O.S.No.89 of 2009, has been filed by one Shakthi, on the file of the Subordinate Court, Palani. He had instigated his son-in-law, one P.Poorvaraghavan, to file a suit against the petitioner, in O.S.No.15 of 2009, on the file of the Subordinate Court, Mettur.

(3.) HE had also relied on a decision of the Supreme Court, reported in SBI V. Ranjan Chemicals Ltd and another (2007(1) SCC 97), to show that, when common issues arise for adjudication in different suits they can be directed to be heard in one of the Courts, by way of a joint trial. HE had also relied on a decision of this Court, reported in P.V.Arumugam V. Gurusamy and others (2008(2) CTC 54), in support of his contention.