Horwill, J.

1. This is an application under Section 24, Civil Procedure Code, to transfer a suit from the Presidency Small Cause Court to the Madras City Civil Court. Two suits relate to the same matter and arise out of a contract between the parties. The suit filed in the City Civil Court is by the contractor alleging breach of contract by the person who entrusted the work to him. The suit in the Small Cause Court is by the person who entrusted the work, alleging breach of contract by the contractor. Each claims damages. It is clearly in the best interest of the parties to have these cases tried together and it would cause very great inconvenience if the two Courts were to give different findings on the same question, especially as an appeal would lie from one decision but not from the other.

2. The transfer is however objected to on the ground that the City Civil Court is not competent to try or dispose of the suit within the meaning of Section 24(a), Civil Procedure Code. That argument is based on the wording of Section 3 of the Madras City Civil Court Act which empowered the Local Government to establish the Madras City Civil Court with jurisdiction to receive, try and dispo