C RADHASHARAN AGARWAL Vs. S SAMSON SAMPATH KUMAR

JUDGEMENT

(1.) THE petitioner/defendant has filed this petition praying this Court to pass an order to withdraw the suit in O.S.No.111 of 2008 on the file of the Principal Sub Court, Chengalpet and to transfer the same to any competent Civil Court at Chennai for disposal in accordance with law.

(2.) THE learned counsel for the petitioner/defendant submits that the petitioner/defendant is aged 72 years, that he is a sickly person, that his lungs are in a damaged condition, that he breathes with great difficulty, that he cannot sit or travel and also cannot stand for more than five minutes, that he cannot travel to Chengalpet from Chennai and conduct the case and further, he is not financially well and therefore, prays for allowing the transfer petition in the interest of justice.

(3.) IN that view of the matter, Transfer C.M.P. fails and the same is accordingly dismissed. However, liberty is given to the petitioner/defendant to approach the trial Court and to seek appropriate remedy for his exemption from appearance by filing necessary application in the manner known to law. Added further, it is open to the petitioner/defendant to file a commission application for his examination, if he is so advised. No costs. Consequently, M.P.No.1 of 2008 is also dismissed.