BHAGAT RAM Vs. RAMA NAND AND ORS.

JUDGEMENT

(1.) BY means of this petition, the petitioner seeks transfer of the proceedings in Civil Suit No. 49/1 of 2006 pending before the learned Civil Judge (Junior Division), Jubbal, District Shimla on the ground that the petitioner herein has filed a suit pending in this Court wherein the dispute involved is identical. Admittedly, both the proceedings are between the same parties.

(2.) IT is not disputed that the suit transfer of which has been sought was filed in the Court of Civil Judge (Junior Division), Jubbal in the month of November, 2006. The suit which is pending in the High Court was filed in October, 2008 almost two years later. I have been told that even the respondents -plaintiffs have led and completed their evidence before the learned Trial Court in the suit, transfer of which is sought. Therefore, at this belated stage, I find no reason to transfer the suit. The petition is accordingly rejected. No order as to costs.