Madras High CourtTR CMP(MD)/215/2019dismissed

Ramadass, v. Saravanan,

2019-11-29Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P. (MD)No.215 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.215 of 2019 and C.M.P(MD) No.4975 of 2019 Ramadass ... Petitioner Vs.

Saravanan ... Respondent PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw O.S.No.192 of 2018 on the file of the Sub Court, Devakottai and transfer the same to any other competent Court at Trichy. For Petitioner : Mr.S.Venkatesh For Respondent : No appearance

ORDER

The above Transfer Civil Miscellaneous Petition has been filed seeking transfer of O.S.No.192 of 2018 on the file of the Sub Court, Devakottai to any other competent Court at Trichy. 2.The ground raised for seeking transfer is that both the parties namely the petitioner/defendant and respondent/plaintiff are residing at Trichy. A reading of the plaint would indicate that the money was borrowed and the promissory note has been executed at Pusalakudi, which comes within the jurisdiction of Sub Court, Devakottai.

3.Considering the fact that the major cause of action is arising within the jurisdiction of the Sub Court, Devakottai, the plaintiff has rightly instituted the suit in the Court having jurisdiction. Therefore, the reason given in the present petition is unacceptable.

4.In the result, this Transfer Civil Miscellaneous Petition https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P. (MD)No.215 of 2019 stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) To The Subordinate Judge, Devakottai.

+1 CC to M/s.S. VENKATESH, Advocate ( SR-102714[F] dated 29/11/2019 ) Tr.C.M.P. (MD)No.215 of 2019 and C.M.P(MD) No.4975 of 2019 29.11.2019 JMN(19.12.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2