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2017 Supreme(Mad) 2912
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. BASKARAN, J.
Vanja and Ors. - Petitioners
Vs.
V. Suresh Kumar and Ors. - Respondent
Tr.CMP.(MD).No.371 of 2017 and C.M.P.(MD).No.7597 of 2017
Decided On : 31-10-2017
For the Petitioner: Mr. R.A. Mohanram
For the Respondents: Mr. J. Barathan
Litigants are entitled to approach either the High Court or the District Court for transfer applications under Section 24 of C.P.C, even within the same administrative jurisdiction of the District Court.
Headnote:
Transfer of Suit - Jurisdiction - Section 24 of C.P.C - [PRIVITY OF CONTRACT, TRANSFER OF SUIT, CONCURRENT JURISDICTION] - The court discussed the provisions of Section 24 of the Code of Civil Procedure, which provides for the general power of transfer and withdrawal of suits, appeals, or other proceedings. The court interpreted the concurrent jurisdiction given to both the High Court and the District Court under Section 24 and disagreed with a previous ruling, concluding that litigants are entitled to approach either the High Court or the District Court for transfer applications, even within the same administrative jurisdiction of the District Court.
Fact of the Case:
The petitioners sought transfer of a suit pending in the Principal District Munsif, Madurai to be tried along with another suit pending in the IV Additional District Judge, Madurai. The petitioners contended that the suits should be tried together to avoid prejudice.
Finding of the Court:
The court disagreed with the respondents' contention that the transfer petition was not maintainable and pointed out the concurrent jurisdiction given to both the High Court and the District Court under Section 24 of C.P.C. The court decided to refer the issue of concurrent jurisdiction to a Larger Bench for a final decision.
Issues: The main issue was whether under Section 24 of C.P.C, the High Court and the District Court have concurrent jurisdiction and whether the petitions under Section 24 of C.P.C can be filed in either of the Court, even if the Transfer is sought for from one Court to another court situated within the Administrative Jurisdiction of the same District Court.
Ratio Decidendi: The court interpreted Section 24 of C.P.C and concluded that litigants are entitled to approach either the High Court or the District Court for transfer applications, even within the same administrative jurisdiction of the District Court.
Final Decision: The court directed the Registry to place the matter before the Larger Bench to give a finding on the issue of concurrent jurisdiction under Section 24 of C.P.C.
The petitioners, who are the first and seventh defendants in O.S.No.1 of 2013 and defendants 2 and 8 in O.S.No.393 of 2016 have come forward with this petition seeking transfer of O.S.No.393 of 2016, pending on the file of the Principal District Munsif, Madurai Town to the file of the IV Additional District Judge, Madurai to be tried along with the suit in O.S.No.1 of 2013, pending therein.
2. O.S.No.1 of 2013, pending on the file of the IV Additional District Court, Madurai is filed by second respondent herein/plaintiff against the petitioners and five other persons, seeking specific performance and other consequential reliefs. The other suit in O.S. No. 393 of 2016, pending on the file of the Principal District Munsif, Madurai is filed by the first respondent/plaintiff herein against the petitioner and 6 other persons, seeking relief of permanent injunction, not to evict the plaintiff in the suit, except by due process of law and other reliefs.
3. The petitioners contend that there is no privity of contract between themselves and the first respondent, who is only a trespasser in the suit property. The petitioner further contends that the second respondent/plaintiff has lost his right to purchase the suit property as he failed to perform his part of sale agreement, dated 22.07.2014 within the stipulated time. The petitioners further state that to complicate the petitioners' right to recover possession from their tenants, the second respondent instigated his friend/first respondent to file O.S.No.393 of 2016 and as such, it is necessary to have both the suits tried by one and the same court, as otherwise, prejudice will be caused to the petitioners herein. Hence, the petitioners seek transfer of O.S.No.393 of 2016 from the file of the Principal District Munsif, Madurai Town to the IV Additional District Judge, Madurai to be tried along with O.S.No.1 of 2013, pending therein. Hence, the petition.
4. On the other hand, opposing the petition, the learned counsel for the respondents contended without filing counter that the transfer civil miscellaneous petition itself is not maintainable, in view of ruling of this court, reported in 2016 (6) CTC 703, (Reshma Begum and two others V. Syed Nawab Jan and two others), wherein, it is held that if any suit or petition is sought to be transferred from one Court to another court within the jurisdiction of same district, the transfer Original Petition has to be filed only before the concerned Principal District Court and it is not proper for the party to approach the High Court, at the first instance itself. The learned counsel for the respondents further contended that all Additional and Assistant courts are subordinate to the Principal District Court, for the purpose stated under Section 24 of C.P.C and as such, in view of the above said ruling, this petition ought not to have been numbered and hence, seeks for dismissal of the same. In the above said ruling, it is held as follows:
“16. At present, the litigants are directly approaching the High Court, by filing Transfer Applications to transfer the cases from one Subordinate Court to another Subordinate Court coming with the Administrative jurisdiction of the same Appellate Court namely, the District Court. If such petitions are entertained in a routine manner, this Court is of the view that the power vested with the District Court under Section 24 of the Code of Civil Procedure is taken away and that cannot be the intention of the Legislation under Section 24 of the Code of Civil Procedure. The original jurisdiction of the District Court conferred under Section 24 cannot be usurped in a routine manner so as to defeat the real object and the spirit of Section 24 of the Code of Civil Procedure. Therefore, the litigants are not permitted to choose the forum as per their like and dislikes which will create ambiguity and the circumstance will arise that one litigant will file a Transfer Petition before the District Court and his opponent
