NANI GOPAL BANDHYOPADHYAYA Vs. BHOLA NATH BANDHYOPADHYAYA

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for transfer of a case from Bhagalpur to Purnea and with a further prayer for consolidation of that suit with another suit pending in the Court of Purnea,

(2.) It appears that the opposite party filed Title Suit No. 168 of 1970 in the court of the Subordinate Judge at Purnea for partition of certain ancestral properties; the first petitioner and the first opposite party being brothers. Of the properties mentioned therein, it is said that all the properties are situate in the district of Bhagalpur except one property in Purnea. The defendant-petitioners claim that both the parties are really residents of Bhagalpur. The defence of these petitioners in that suit is that there had been a previous partition already in the year 1954 that a memorandum of partition had been drawn up and signed by various witnesses of Bhagalpur and that a few properties like ancestral house and such other had been purposely kept joint between the parties. It is said that the aforesaid suit is ripe for hearing and. in fact, one witness for the plaintiffs has also been examined.

(3.) Another suit being Title Suit No. 16 of 1972 has been filed by the petitioners in the court of Subordinate Judge at Bhagalpur for partition of the properties which, according to them, had been left joint between the parties after the previous partition between the brothers which had taken place in the year 1954. Notices have been issued on the defendants in this suit but they have not yet appeared