BABURAM AGARWALLA Vs. JAMUNADAS RAMJI AND CO

JUDGEMENT

(1.) This is an application under Clause 13, Letters Patent for the transfer of Suit No. 39 of 1949 now pending in the Court of Subordinate Judge at Jalpaiguri. Baburam Agarwalla filed this suit against the applicants at Jalpaiguri for setting aside an ex parte decree passed by this Court on 11-12-1944, and thereafter sent to Jalpaiguri for execution against Baburam Agarwalla.

(2.) The plaint in Jalpaiguri suit is annexed to the petition of the applicants who are a registered firm under the name of Jamunadas Ramji & Co., affirmed by Jamunadas Ramji, a partner of the applicant firm on 9-9-1949. The Jalpaiguri plaint claims to set aside the decree of this High Court in Suit No. 1273 of 1944 between the parties and dated, as I have said, 11-12-1944 on the ground that such decree was obtained by suppression of summons and of all notices and processes of this Court and there is a charge of fraud against the applicants. The relief claimed in the Jalpaiguri plaint is first for a declaration that the High Court decree in Suit No. 1273 of 1944 is fraudulent, null and void and not binding on the Jalpaiguri plaintiff the respondent in this application, secondly for a decree for costs and thirdly for such further or other relief as may be granted by the Jalpaiguri Court. That plaint was verified by Baburam Agarwalla himself at Jalpaiguri on 10-8-1949.

(3.) On 9-9-1949, my learned brother Banerjee issued a Rule calling upon Baburam Agarwalla to show cause why the Jalpaiguri suit should not be transferred to this Court and why Baburam Agarwalla should not be prohibited and restrained from proceeding with the Jalpaiguri suit until the determination of this application.