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1951 Supreme(Pat) 151

IMAM
Kartar Singh – Appellant
Versus
Jharkhand Mines And Industries Ltd. – Respondent


Judgment

Imam, J.

1. The petnr. instituted Title Suit No. 27 of 1951 in the Court of the Subordinate Judge at Ranchi against the opposite parties 1 to 5, Opposite Parties 1 and 2 had also instituted Title Suit No. 3 of 1951 in the Court of the Subordinate Judge at Hazaribagh against the petitioner and some of the opposite party. The prayer in the present application is that as the subject-matter of the two suits is the same and the main parties who are chiefly interested in the reliefs claimed in the two suits are the same and common questions are for consideration in both the suits, Title Suit No. 27 of 1951 pending at Ranchi may be transferred to Hazaribagh and tried along with Title Suit No. 3 of 1951 pending there, or that Title Suit No. 3 of 1951 pending in the Court of the Subordinate Judge at Hazaribagh be transferred to Ranchi.

2. Having regard to what is stated in the petition, there can be no question that the two suits should be tried by the same Court. Mr. Shambhu Prasad Singh appearing for the plaintiffs in Title Suit No. 3 of 1951 pending in the Court of the Subordinate Judge at Hazaribagh had contended that Title Suit No. 27 of 1951 pending in the Court of the Subordi


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