A. SAMBASIVA RAO, J.

( 1 ) THIS is an application under Section 23 (3) of the Civil Procedure Code for transfer of O. S. No. 79/65 on the file of the District Munsiff Court, Eluru to the District Munsiff s Court, salem for joint trial with O. S. No. 1059/65.

( 2 ) THE respondents firm filed O. S. No. 79/65 in the District Munsiff s Court, Eluru against the petitioners " firm to recover a sum of Rs. 2,040-60 Ps. , with subsequent interest alleging that the amount claimed in the suit represents the balance due towards the price of 226 bags of red gram supplied by it to the petitioners firm. The petitioners firm filed its written statement dated 2 8/06/1965. It inter alia pleaded that the red gram sent by the respondent was inferior in quality and was not in accordance with the contracted quantity either. Therefore, after giving notice to the respondent on 25-3-65, it sold the goods as belonging to the respondent on 18-4-1965 in open auction at Salem, Consequent to the sale the petitioner became entitled to a sum of Rs. 4,592-43p. towards the balance due after deducting the amount realised on sale from the amount paid to the respondent and the expenses incurred therefrom. The petitione

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