RAJESH Vs. NAGAR PALIKA, RATLAM

JUDGEMENT

(1.) THIS Order shall also govern the disposal of connected Civil Revision No. 1327/2001 filed on behalf of the same applicant against the respondents aggrieved by the order dated 20.11.2001 passed by Ilnd ADJ, Ratlam in Civil Suit No. 274/2000. Briefly stated the facts of the case are that with regard to some disputed 'ghumti' two suits have been filed, one suit filed by respondent No. 2 Devilal against respondent No. 1. Municipal Corporation Ratlam for the relief of injunction. The present applicant Rajesh also filed a suit with regard to same disputed ghumti against respondent No. 1 and also against respondent No. 2 seeking relief of declaration and injunction.

(2.) THE two suits are pending in different Courts. Suit filed on behalf of applicant Rajesh is pending in the Court of Ilnd ADJ, Ratlam, whereas the suit filed on behalf of respondent Devilal is pending in the Court of IVth Civil Judge Class II Ratlam bearing Civil Suit No. 20A/2000. On behalf of applicant, an application U/s. 24 of the CPC was filed before the District Judge for transfer of Civil Suit No. 20A/2000 pending in the Court of IVth Civil Judge Class II Ratlam to the Court of Ilnd ADJ at Ratlam. In the application, it is stated that as the two suits arc related with the same disputed 'ghumti' and almost the parties of the suits are also same, the reliefs claimed in both the suits are also similar; as such, to avoid abuse of the process of the Court and contrary findings of the two Courts, the Civil suit pending in the Court of Civil Judge Class II may be transferred to Ilnd ADJ, Ratlam. The said application was opposed on behalf of respondent No. 2. Devilal.

(3.) THE only contention of the L.C. for applicant is that as in both the suits the subject matter of the dispute is same, the relief claimed are also similar in nature and the contesting parties are also same, as such, it is in the interest of justice the two suits should be tried by the same Court so that there may not be different findings with regard to same subject matter. The L.C. also submtitted that the Civil Suit which is pending in the Court of Ilnd AdJ Ratlam cannot be transferred to Civil Judge Class II for want of jurisdiction whereas the suit pending before the IVth Civil Judge Class II Ratlam can be transferred to the Court of ADJ Ratlam which is a Court of higher jurisdiction. A reliance is placed on the decision of this Court in case of Gaya Prasad v. Kishorilal (2000 (1) MPWN 215.