Madras High CourtTR CMP/1045/2022dismissed

D.Bhuvaneshwari v. P.Thennarasu

2022-10-26Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR TR.CMP.No.1045 of 2022 and C.M.P.No.18043 of 2022 D.Bhuvaneshwari ... Petitioner Vs.

1.P.Thennarasu 2.R.Murthy 3.K.Duraisamy ... Respondents PRAYER: Transfer Civil Miscellaneous Petition under Section 24 of Civil Procedure Code pleased to withdraw to withdraw O.S.No.325 of 2019 on the file of the Sub Court, Uthamapalayam and transfer the same to the Principal Sub Court, Tirupur to be tried along with O.S.No.361 of 2019 on the file of the Principal Sub Court, Tirupur.

For Petitioner : Mr.K.S.Karthik Raja For Respondents : No Appearance

O R D E R

The Transfer Civil Miscellaneous Petition has been filed by the petitioner herein seeking transfer of O.S.No.325 of 2019 pending on the filed the Sub Court, Uthamapalayam to the Principal Sub Court, Tirupur for joint trial along with O.S.No.361 of 2019 filed by one Murthy.

2. According to the petitioner, O.S.No.325 of 2019 was filed by the 1st respondent only at the instigation of 2nd respondent who is plaintiff in O.S.No.361 of 2019 on the file of the the Principal Sub Court, Tirupur.

3. A reading of the plaint in both the suits make it clear that the suits were based on different promissory notes executed in favour of two different individuals. Merely because the debtor in both the promissory notes is one and the same, it is not open to him to seek transfer of the suit filed by the 1st respondent before the Sub Court, Uthamapalayam for joint trial along with suit in O.S.No.361 of 2019 on the file of the Principal Sub Court, Tirupur filed by the 2nd respondent. It is always open to the petitioner to raise his objection with regard to the territorial jurisdiction of the Court concerned, by filing a written statement.

4. With these observations, this Transfer Civil Miscellaneous Petition stands dismissed. No costs. Consequently connected miscellaneous petition is closed. 26.10.2022 (2/2) Index: Yes/ No Speaking Order / Non-Speaking Order jai To

1. The Principal Sub Court, Tirupur.

2. The Sub Court, Uthamapalayam

S.SOUNTHAR , J.

jai TR.CMP.No.1045 of 2022 26.10.2022 (1⁄2)