VAMAN VASUDEO CHITALEY Vs. RAGHUNATH GANESH THAKAR

JUDGEMENT

(1.) This is an application for transfer of a suit, and in order to understand the nature of the application it is necessary to mention some introductory facts. Those facts as recited in the application are as follows :

(2.) The petitioner is a resident of Nagpur, while the opponent resides at Poona. On October 17, 1942, an agreement was executed in Bombay by five persons including the opponent and that agreement was accepted by the petitioner. On July 5, 1946, the petitioner filed a Suit No. 820 of 1946 in the Court of the Civil Judge, Junior Division, Poona, claiming a certain declaration and an injunction a declaration that the opponent had no right to say that Rs. 10,000 were deposited with the petitioner and an injunction restraining the opponent from demanding Us. 10,000 and from filing a suit against the petitioner for the same. It appears that this application was supported by an affidavit which was declared on behalf of the petitioner as long ago as December 7, 1946, though the application came to be filed on the date April 1, 1947. On September 24, 1946, the opponent filed a summary Suit No. 1920 of 1946 against the petitioner on the Original Side of this Court claiming to recover a sum of Rs. 10,000 under the writing dated October 17, 1942. Prior to the filing of the suit the opponent had given notice to the petitioner on August 2, 1945, asking for the return of the amount in question and this notice was followed by another notice which was given by him on June 29, 1946, in which the opponent made a demand for the said amount, to which the petitioner also gave no reply. It will, therefore, be apparent that the petitioner's suit was filed after the two notices referred to above and the opponent's suit was filed thereafter in September 1946.

(3.) It appears that a person of the name of Bavdekar who is also one of the five persons who executed the above agreement in Bombay in 1942 also filed a Suit No. 1098 of 1945 against the petitioner in the Court of the Civil Judge, Junior Division, Poona.