Judgment

GOSWAMI, J. - This is a petition for transfer of a suit, which is pending on the original side of the Calcutta High Court, under S. 25 as amended by the Code of Civil Procedure (Amendment) Act, 1976 (No. 104 of 1976).

2. It appears the parties have been under severe strain for some time and there were litigations between them in Delhi Courts.

3. The petitioners, who are all residents of Delhi and carry on business in Delhi, are the tenants of the respondents son in Delhi. The sole reason for tense friction between the parties has arisen out of the petitioners civil proceedings for perpetual injunction against the landlords interfering with their quiet and peaceful possession of the tenanted premises. A suit, being Suit No. 262 of 1974, was filed by the petitioners in the Court of the Sub-Judge, Delhi, with the above mentioned prayer and it is said that the same was dismissed for default.

4. After dismissal of the suit the respondent made an application in the Delhi court under Sec. 95 read with S. 151 of the Code of Civil Procedure (C. P. C.) claiming Rs. 3000/- as compensation from the petitioners for malicious and vexatious prosecution of the civil suit. In answer to that cl