MURUGESA MUDALIAR Vs. DAVVA VENKATA KESAVALU CHETTY

JUDGEMENT

(1.) These are the Civil Miscellaneous petitions for transfer of certain suits pending in the Court of the District Munsif of Ranipet, and the Court of the Subordinate Judge of Bezwada, respectively. The petitioner in C. M. P. 4205 of 1928, is Murugesa Mudaliar, plaintiff in suit 58 of 1928 on the tile of the District Munsif's Court of Ranipet (North Arcot District). He filed that suit against D. Venkatakesavulu Chetty to recover a sum of Rs. 870 alleged to be due in respect of goods (brass vessels) supplied by him to the defendant. After the suit in Ranipet Court was decreed ex parte, it is alleged that the defendant therein (Venkatakesavulu Chetty) filed small cause suit No. 210 of 1928 on the file of the Sub-Court, Bezwada (Kistna District) against Murugesa Mudaliar to recover Rs. 542 alleged to be due in respect of the same dealing in brass vessels. The ex parte decree passed by the District Munsif of Ranipet was subsequently set aside and the suit posted for hearing.

(2.) Murugesa Mudaliar the plaintiff in the Ranipet suit has applied for the transfer of the small cause suit 210 of 1928 from the file of the Court of the Subordinate Judge of Bezwada to the file of the District Munsif of Ranipet to be tried along with original suit No. 58 of 1928 on the file of the District Munsiff. Venkatakesavulu Chetty, the plaintiff in small cause suit No. 210 of 1928 on the file of the Subordinate Judge of Bezwada has applied for the transfer of original suit 58 of 1928 from the file of the District Munsif of Ranipet to the file of the Court of the Subordinate Judge of Bezwada to be heard along with small cause suit No. 210 of 1928 on the file of the Subordinate Judge.

(3.) Interim stay has been granted in respect of both the suits, and the above petitions have now come on for final disposal. I have heard Mr. Desikan on be-half of the plaintiff in the Ranipet Munsif's Court suit, and Mr. P. Satyanarayana Rao on behalf of Venkatakesavulu Chetty the plaintiff in the Sub-Court suit.