SHIVA PRASAD SINGH Vs. RAMJAS AGARWALA

JUDGEMENT

(1.) M.J.C. No. 80 of 1935 arose out of title Appeal No. 55/35 by defendant 2 pending before the District Judge of Purulia. M.J.C. No. 81 of 1935 arises out of money Appeal No. 15/35 filed by the plaintiff before the same Court for a decree against defendant 2. First Appeal No. 112 of 1935 is pending before this Court and it was filed by the plaintiff praying for a decree against defendant 2 and arose out of money Suit No. 73/34. These two petitions are for the transfer of the two appeals pending, before the District Judge to this Court. It may be noted that all these three suits were heard together by consent of parties and only one judgment was delivered to govern all these cases. Mr. N.N. Roy appearing for the petitioner urges that for the convenience of the parties it would be better when the same type of evidence is to be considered that these cases should be transferred to this Court. Mr. S.C. Mazumdar appearing on behalf of the opposite party contests that the point at issue in the various cases are different and that he would not like his right of second appeal to be jeopardised by a transfer to this Court. So far as title Appeal No. 55 is concerned it arose out of mortgage Suit No. 5 of 1934. I notice that, although the other issues that arose out of the suit were the same as those in the other suits, yet issue 5 was an issue specifically framed for this suit, and I understand it is that particular issue that is in question before the lower appellate Court, therefore it would not be feasible to transfer title Appeal No. 55 of 1935. With regard to money Appeal No. 15 of 1935 there also seems to be some difficulty about the actual nature of the dispute between the parties, and moreover no great hardship would arise if the appeal is not transferred. I would therefore allow that appeal also to remain where it is. Under the circumstances I would reject both these applications. There will be no order as to costs.