N.V.BALASUBRAMANIAN, ABDUL HADI
Central Bank of India – Appellant
Versus
Mr. Joseph and Others – Respondent
Abdul Hadi, J.
1. These transfer applications have been posted before this Bench pursuant to the order of Jagadeesan,J. dated 13. 1997, directing the Registry to get suitable directions from the Honourable Chief Justice for posting these applications before a Division Bench.
2. These transfer applications, by the plaintiffs in different suits which were earlier transferred from the original side of this Court to the City Civil Court, Chennai, presumably pursuant to Section 4(1) of Tamil Nadu Civil Courts and Madras City Civil Courts (Amendment) Act, 1995, seek retransfer of those suits from the City Civil Court to the Original side of this Court, on the ground that the very same Section 4(1) does not authorise transfers of such suits to City Civil Court.
3. The said Section 4(1) runs as follows:-"All suits pending in the High Courts on the date of the commencement of this Act and which would be within the cognizance of the Madras City Civil Court under the provisions of the Madras City Civil Court Act, 1892 (central Act VII of 1892) as amended by this Act shall stand transferred to the Madras City Civil Court." (Italic supplied)
4. What learned Counsel for applica
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