( 1 ) THIS application under Clause 13 of the Letters Patent, 1865 and Section 24 of the Code of Civil Procedure, 1908 seeks, inter alia, withdrawal of Title Suit No. 60 of 1982 (Shri R. N. Agarwal v. Shri Krishna Kumar Agar-wal) from the Court of 3rd Subordinate Judge. Alipore, for being tried subse-quent to the disposal of the petitioner's prior suit being No. 51 of 1982 (Krishna Kumar Agarwal v. Ramnarain Agarwal and Ashoka Housing Corporation) now pending for disposal in the Original Side of this Court.

( 2 ) IN the earlier suit being No. 51 of 1982 instituted in this Court on January 28, 1982 the plaintiff sought the following reliefs. (a) A declaration that the plaintiff is a nominee of the first defendant for the purchase of Flat No. 8b and Garage No. 8b at Ashoka at 111. Southern Avenue. Calcutta, more fully described in Annexure "a" to the plaint: (b) a decree for specific performance of agreements for sale dated October 10, 1975 and May 13, 1977. entered into between the first defendant and the second defendant by executing and registering an appropriate conveyance in respect of the said premises in favour of the plaintiff as the nominee of the first de