N CHANDRAKALA Vs. R JYOTHI

JUDGEMENT

(1.) A short but interesting point that arises for consideration in this transfer petition is whether a matter pending before the Court of Small Causes can be transferred to a regular civil court for disposal or not. The factual background that led to the filing of this transfer petition is as follows:- The respondent herein filed three suits i.e., S.C. No.684 of 2001 on the file of the Court of Additional Chief Judge, City Small Causes Court, Hyderabad, O.S. Nos.6253 and 6254 of 2001 on the file of the II Junior Civil Judge, City Civil Court, Hyderabad, against the petitioner herein, for recovery of certain amounts on the basis of promissory notes alleged to have been executed by the petitioner herein. Even though all the three suits are filed against one and the same defendant, because of the variation in the suit amounts, one suit (i.e., S.C. No.684 of 2001) had to be instituted in City Small Causes Court and the other two suits (O.S. Nos.6253 and 6254 of 2001) had to be instituted in the Junior Civil Judge's Court.

(2.) Now the petitioner, who is the defendant in the suits, filed the present transfer petition under Section 24 C.P.C., seeking transfer of Small Cause Case No.684 of 2001 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad, to the Court of the II Junior Civil Judge, City Civil Court, Hyderabad, to be tried along with O.S. No.6253 and 6254 of 2001 pending on its file on the ground of convenience.

(3.) Learned counsel for the petitioner Mr. P.V. Sanjeeva Rao reiterated the contentions raised in this transfer petition and further contended that as the point involved in all the three suits is one and the same, the suit pending on the file of the City Small Causes Court i.e., S.C. No.684 of 2001 may be withdrawn and transferred to the court of II Junior Civil Judge, City Civil Court, Hyderabad, so that common evidence can be adduced in all the three suits and all the three suits can be disposed of by a common judgment.