S PADMANABHAN Vs. RAMAYAMMAL

JUDGEMENT

(1.) CHALLENGING the order of the dismissal of Transfer OP. 64 of 2004 by the Principal District Judge, Erode, the above Civil Revision Petition has been filed.

(2.) THE Court heard the learned counsel on either side.

(3.) THE revision petitioner filed transfer O. P. seeking to withdraw the suit in O. S. No. 830 of 2004 pending on the file of Principal District Munsif Court, Erode and transfer the same to the file of Principal Subordinate Judge, Erode to be tried jointly or simultaneously along with O. S. No. 765 of 2002 pending on his file. According to the petitioner, the first respondent filed a suit for recovery of money and the same is pending in O. S. No. 765 of 2002 on the file of Principal Sub Court, Erode. The second respondent already filed another suit in O. S. No. 767 of 2002 against the petitioner which was pending on the file of Principal Sub Court, Erode and subsequently the suit in O. S. No. 767 of 2002 was transferred to the file of Principal District Munsif, Erode and re-numbered as O. S. No. 830 of 2004. Both the suits have got to be tried jointly or simultaneously, since both the suits were filed by husband and wife against the petitioner herein on the strength of promissory notes alleged to have been executed by the petitioner which according to the petitioner were not supported by consideration and the attesting witnesses in both the promissory notes were henchman of the plaintiffs. Under such circumstances, both the suits have got to be necessarily tried either jointly or simultaneously , according to the petitioner's counsel.