SDUVENDU ADHIKARI Vs. ABHISHEK BANERJEE

JUDGEMENT

(1.) This is an application under sec. 24 of the Code of Civil Procedure, 1908 seeking transfer of a title suit from the court of learned Civil Judge (Junior Division), 2nd Court, Diamond Harbour, South 24-Parganas to the court of learned Chief Judge, City Civil Court, Calcutta.

(2.) It is stated by the petitioner, Suvendu Adhikari, that the opposite party, Abhishek Banerjee, has filed a suit being Title Suit No.19 of 2021 against him for defamation and permanent injunction in the court of learned Civil Judge (Junior Division), 2nd Court, Diamond Harbour, South 24-Parganas. The opposite party filed a suit being Title Suit No. 52 of 2021 of similar nature in the court of learned Civil Judge (Senior Division), 1st Additional Court at Burdwan, Purba Bardhaman seeking the same reliefs as sought for in Title Suit No.19 of 2021. The petitioner also states that on his prayer Title Suit No.52 of 2021 was transferred by this court to the court of learned Chief Judge, City Civil Court at Calcutta from the court of learned Civil Judge (Senior Division), 1st Additional Court at Burdwan. In the application on hand, the petitioner seeks that Title Suit No.19 of 2021 be withdrawn and transferred to the court of the learned Chief Judge, City Civil Court, Calcutta.

(3.) Learned counsel appearing for the petitioner submits that like his previous title suit, this title suit being No.19 of 2021 may be transferred to the City Civil Court at Calcutta. Learned counsel further submits that if the suit is transferred to the City Civil Court at Calcutta, the opposite party will not be prejudiced in any manner.