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1975 Supreme(Mad) 498

GOKULAKRISHNAN
N. Ram Mohan – Appellant
Versus
J. Kasthuri – Respondent


Advocates:
R. Deenadayalu, for Petitioner; D.K. Srinivasagopalan, for Respondent.

Judgement

ORDER:- This is a petition to transfer the pauper suit numbered as O. P. No. 254 of 1974 together with all the pending applications on the file of the X Asst. City Civil Judge, Madras, to the Original Side of this Honourable Court, for trial and disposal according to law. For the purpose of this transfer suffice it to state that the petitioner herein has filed the Original Petition for partition and separate possession of his half share in the suit properties before the X Asst. City Civil Judge, Madras. Subsequent to the filing of the pauper suit for partition, the respondent in that Original Petition who is no other than the mother of the petitioner herein, died. Hence the petitioner herein as filed an application stating that after the death of his mother, who was the respondent in that Original Petition, he is titled to get a share of 3/4 in the suit properties instead of half share, and the value of such 3/4 share is admittedly more than Rs. 50,000. This amendment sought for by the petitioner herein has been allowed by consent of the respondent therein. Thus it is clear that the X Asst. City Civil Judge, Madras, will not

have jurisdiction to try the suit inasmuch as the










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