HARGOBIND PRASAD SINGH Vs. KUMAR SURENDRA SHAHI

JUDGEMENT

(1.) The defendants of Money Suit No. 6 of 1970, pending in the Court of the Subordinate Judge II, Gaya, are the petitioners. They have made a prayer for the transfer of Money Suit No. 6 of 1970 aforesaid from Gaya to the Court of First Subordinate Judge, Patna, where Money Suit No. 96 of 1968 filed by the petitioners is pending.

(2.) The short facts giving rise to this application under section 24 of the Code of Civil Procedure are these :

(3.) It seems two years later the opposite party instituted Money Suit No, 6 of 1970, which is already stated earlier, is pending in the court of Subordinate Judge II, Gaya. In this suit the reliefs sought by the opposite party are passing of the preliminary decree of account's against the petitioners and for the appointment of a Commissioner to take accounts from the petitioners and on submission of the account to pass a final decree in respect of such sums as may be found due to the opposite party from the petitioners. From a perusal of the plaint of that suit, a copy of which has been marked annexure-1 to this application, it appears that it is in relation to the same subject-matter of dispute which has been raised in Money Suit No. 96 of 1968,. pending in the court of 1st Subordinate Judge at Patna. The cause of action for this suit is said to have arisen on 19.6.1963 when the agreement between the parties is said to have been executed at G1ya 01 30th July, 1967 when the petitioners are alleged to have declined to give account at Gaya.