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1958 Supreme(Ker) 202

VARADARAJA IYENGAR
P. Sadayandi Nadar – Appellant
Versus
Venugopala Chetty – Respondent


Judgment :-

1. This is a petition for transfer of O.S. No. 45 of 1956 of the Sub-court, Ottappalam to the Sub-court, Tuticorin. The petitioners are the defendants 11 to 15 in the suit.

2. The suit was for partition of the plaintiff's one-half share as against the defendants 1 to 10 who comprised the other branch of the joint Hindu family of the parties. The plaint merely averred as the reason for the suit that the plaintiff was dissatisfied with the management of his brother's sons, the defendants 1 and 2 of the B schedule immoveables and the C schedule movables belonging to the family and entrusted to them. All the B schedule items except item 11, lay within the jurisdiction of the Sub-Courts of Tuticorin and Ramnad and the parties were also residents at Sattur. The suit could accordingly have been laid in either of these Sub-Courts but the plaint was filed in the Sub-Court at Ottapalam though properly in view to the situation of the item 11, viz., the West Coast Match Co. at that place. The plaint did not however mention the reason for the choice. It also took in only the defendants 1 to 10.

3. The defendants 1, 2 and 3 to 6 filed separate written statements in the case without dis

















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