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VENUTHURUMALLI GOPALA KRISHNA RAO
P. Lalithamma, W/o P. Narayanaswamy – Appellant
Versus
P. Dhanalakshmi, W/o P. Govinda Naidu – Respondent
ORDER :
This transfer civil miscellaneous petition is filed by the petitioner under Section 24 of CPC praying to withdraw the suit in O.S.No.403 of 2011 from the file of Principal Senior Civil Judge’s Court, Chittoor and transfer the same to the file of IX Additional District Judge’s Court, Chittoor, to be tried along with O.S.No.52 of 2023.
2. The case of the petitioner, in brief, is as follows:
(i) The 1st respondent herein filed a suit for partition vide O.S.No.403 of 2011 on the file of Principal Senior Civil Judge’s Court, Chittoor, against her and another for seeking the relief of partition of the plaint schedule properties into three equal shares and she further pleaded that she filed her detailed written statement in the said suit and the said suit is pending for trial. She further pleaded that she moved three applications to amend the plaint schedule and to receive the documents and the trial Court, without considering the facts, dismissed her applications. Aggrieved by the same, she also preferred civil revision petitions before this Court and the same are also dismissed by this Court.
(ii) The petitioner further pleaded that subsequent to the disposal of the aforesaid civil
Transfer of suits under Section 24 of CPC requires clear similarity of cause of action or parties; advanced stage of trial weighs against transfer.
The court has the power to transfer cases from one court to another subordinate court under Section 24 of the Code of Civil Procedure in the interest of justice.
The discretion of the court to hear parties before transferring a case must be exercised judiciously in the context of the reason for transfer, and Section 24 CPC does not specifically require notice....
The central legal point established in the judgment is the delineation of the jurisdiction of the Principal District Judge or the Chief Judge, City Civil Court in transferring cases, particularly in ....
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