LAWS(MAD)-2021-11-141

P. KARTHIKEYAN Vs. TRISHUL SHELTERS PRIVATE LIMITED

Decided On November 29, 2021
P. KARTHIKEYAN Appellant
V/S
Trishul Shelters Private Limited Respondents

JUDGEMENT

(1.) The Revision petitioners have filed Tr.O.P.No.232 of 2015 before the learned Principal District Court, Coimbatore under Sec. 24 of CPC seeking transfer of the suit in O.S.No.1512 of 2014, which is pending on the file of the I Additional District Munsiff, Coimbatore, to be tried along with the suit in O.S.No.38 of 2015 pending before the IV Additional District Court, Coimbatore.

(2.) The respondents objected and stated that the issues, which have to be decided in two suits, are different and if the suit pending before the No.I Additional District Munsiff Court, Coimbatore is transferred to the IV Additional District Court, Coimbatore, they would lose their rights to prefer an appeal before the Sub-Court.

(3.) The learned District Judge concluded that the issues involved in both suits are different and if they are transferred, it would create multiplicity of proceedings, besides the parties in O.S.No.1512 of 2014 would lose their right of appeal. Accordingly, the petition was dismissed on 29/4/2016. Aggrieved by the said order, the petitioners have preferred this revision.