SUSANTA KUMAR MALLICK Vs. JAYANTA MALLICK

JUDGEMENT

(1.) This is an application under Section 24 of the C.P. Code praying for tansfer of the Title Suit No. 311 of 2013, pending in the Court of the learned Civil Judge(Junior Division), 4th Court at Barasat for analogous and/or joint trial with Title Suit No. 337 of 2017 on the ground that if the pending suit being Title Suit No. 311 of 2013 is transferred to the Barasat Judges Court and tried analogously with the Title Suit No. 337 of 2017, no prejudice will be caused to the opposite party in the event of such transfer and in order to avoid conflicting judicial opinions, it is desirable that both the proceedings should be tried by one court otherwise serious prejudice will be caused to the petitioner.

(2.) It is submitted that the petitioner as plaintiff had filed Title Suit No. 187 of 1999 praying for eviction of the defendant/opposite party herein. In that suit the defendant/opposite party herein had entered appearance and filed a counter claim.

(3.) While deciding the said suit the learned trial Court was pleased to decree the suit in terms of the counter claim as made by the defendant/opposite party herein and granted a decree for eviction of the plaintiff/petitioner herein in the suit.