BYJU NIZETH PAUL Vs. A JOHNSON

JUDGEMENT

(1.) THE petitioner / first defendant has filed this transfer petition praying for issuance of an order by this Court to withdraw the suit O.S.No,6657 of 2008 pending on the file of learned VIII Assistant Judge, City Civil Court, Chennai, and to transfer the same to any other competent Court in Kanyakumari District.

(2.) THE case of the petitioner / first defendant is that the cause of action in the plaint is against the fifth defendant and that the cause of action has arisen at Nagercoil in Kanyakumari District and that the plaintiff and all the defendants except the second defendant are residing in Kanyakumari District and inasmuch as the entire cause of action has arisen within the jurisdiction of Kanyakumari District, the learned VIII Assistant Judge, City Civil Court, Chennai has no territorial jurisdiction to entertain the suit and therefore, prays for transferring the suit O.S.No,6657 of 2008 from the file of the learned VIII Assistant Judge, City Civil Court, Chennai and to transfer the same to any other competent Court in Kanyakumari District.

(3.) IT is significant to point out that when I.A.Nos.16120 and 16121 of 2008 have come up for hearing on 06.11.2008, at that time, the petitioner / first defendant has filed this present transfer petition praying for transfer of the suit O.S.No,6657 of 2008 from the file of learned VIII Assistant Judge, City Civil Court, Chennai to any other competent Court in Kanyakumar District.