ABDUL SALAM Vs. T R VINOBKUMAR

JUDGEMENT

(1.) THIS revision petition is directed against the order in tr. O. P. No. 53 of 1992 on the file of District Judge, Kanyakumari at Nagercoil.

(2.) SHORT facts arc: The first respondent had filed the aforesaid O. P. No. 53 of 1992 before the District Judge, Kanyakumari, for transfer of the suit in O. S. No. 28 of 1992 on the file of Subordinate Judge, kuzhithurai to Sub Court , padmanabhapu-ram or Sub-Court, Nagercoil. That was opposed by the petitioner herein who was the first respondent before the court below. After hearing the parties, the learned District Judge has passed an order, allowing the petition and directing transfer of the case to Subordinate Judge, Nagercoil. Aggrieved by the same, the first respondent before the court below has come forward with this civil revision petition.

(3.) THE learned District Judge has referred to the remarks submitted by the Sub-Judge, Kuzhithurai, in which he has refuted the allegation that he made observation as alleged by the petitioner before him and has finally stated that he has got no objection in transferring the case and taking that factor also into account he had transferred the case. Neither that can be a premises for transfer of a case from one court to another court. Thus, none of the grounds on which transfer of the case was made is justifiable and can be made and so the order of the court below directing transfer of the case has to be set aside.