S ELUMALAI Vs. SELVARAJ

JUDGEMENT

(1.) ANIM adverting upon the order 1.7.2008 passed in Tr.O.P.No.124 of 2007 by the Principal District Court, Cuddalore, this civil revision petition is filed.

(2.) CONCISELY and compendiously, the case of the revision petitioner/plaintiff, as stood exposited from the records, could be portrayed thus:- The petitioner/plaintiff filed the suit O.S.No,45 of 2006 in Sub Court, Panruti, for partition. While so, first respondent/first defendant-Selvaraj-the father of the petitioner/plaintiff filed Tr.O.P.No.124 of 2007 for transfer of the case from Panruti sub Court to some other Court within the Cuddalore District on the ground that he lost faith in the Sub Court, which was seized of the matter. The learned Principal District Judge, Cuddalore, after hearing both sides, ordered transfer of the case from Sub Court, Panruti, to Sub Court, Virudhachalam.

(3.) PER contra, the learned counsel for the first respondent/first defendant would put forth his argument to the effect that the first respondent/first defendant is a septuagenarian and he is suffering a lot at the hands of the petitioner/plaintiff-Elumalai, who is indulging in all sorts of unwanted activities. The learned counsel, by drawing the attention of this Court to the paper cuttings and various copies of FIRs, which were lodged at the instance of the Elumalai and Gowri respectively, would develop his argument to the effect that the said Elumalai-the plaintiff would not permit the first respondent/first defendant-Selvaraj to appear before the Sub-Court Panruti and give his evidence.