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SURAJ GOVINDARAJ
BHAWANDAS SHARMA – Appellant
Versus
INDIAN OVERSEAS BANK – Respondent
JUDGMENT :
Suraj Govindaraj, J.
1. The petitioner is before this Court seeking to set aside the order dtd. 5/1/2021 in Misc. Petition No. 438/2019 passed by the Principal City Civil and Sessions Judge, Bengaluru, reverse the same and allow the miscellaneous petition for transfer filed by the petitioner in its entirety.
2. Misc. Petition No. 438/2019 has been filed seeking for transfer of suits in O.S No. 5735/2008 pending on the file of CCH-45, O.S No. 254/2009 pending on the file of CCH-69 (now CCH-84), O.S. No. 7187/2018 pending on the file of CCH-41, O.S No. 4344/2012 pending on the file of CCH-36, O.S No. 633/2018 pending on the file of CCH-38.
3. O.S No. 5735/2008 has been filed seeking for partition of the properties between the plaintiff and defendants, one of the properties being property No. 10/1, 1st Floor, Lakshminarayan Complex, Vasanthnagar, Bengaluru. In the said suit, averments are made as regards the dissolution of the partnership deed stated to have been entered into, and in view of the dissolution thereof, certain gift deed executed as regards properties subject matter of the suit for partition. In the said partition suit, petitioner, respondents 5 and 6 are the plain
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 main legal point established in the judgment is the scope of revisional powers under Section 115 of the CPC and the principles of rejection of plaint under Order VII Rule 11 of the CPC.
The judgment establishes the principle that the scope of revisional powers of the High Court under Section 115 of the CPC is limited to the irregular exercise or non-exercise of jurisdiction, and doe....
In partition suits involving adverse possession, procedural adherence is critical; issues of tenancy must be resolved before partition can occur, and failure to provide proper notice invalidates clai....
Transfer of civil proceedings - When an appeal is filed under Section 5(i) of Kerala High Court Act, 1958 against order passed under Section 24 of Code of Civil Procedure by a learned Single Judge, D....
The principle of res judicata does not apply when a previous suit is dismissed on technical grounds, allowing for a new suit to be filed based on a recurring cause of action for partition.
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