MADHAIYAN Vs. VIJAYA

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the fair and decreetal order in Tr.O.P.No.24 in 2022 dtd. 19/9/2022 passed by Principal District Judge at Salem.

(2.) The Principal District Court, Salem dismissed the transfer application filed by the revision petitioner mainly on the ground that the suit instituted in O.S.No.20 of 2019 was not pending at the time of consideration of the Transfer Original Petition, since the suit was dismissed for default. However, the suit was restored after passing order by the District Court in the transfer petition.

(3.) Mere pendency of the transfer petition is not a ground to transfer the suit, which was already dismissed for default. Thus, the Principal District Court, Salem is right in dismissing the Transfer Original Petition on the ground that the suit is not pending during the relevant point of time. After restoration of the suit, the revision petitioner is at liberty to file a fresh transfer application seeking the relief.