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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
RMC Travellers INN Pvt. Ltd. - Petitioner
Versus
Mohamed Saleem & Ors. - Respondents
Tr. C.M.P. No. 26 of 2023 and C.M.P. Nos. 912 & 913 of 2023
Decided On : 20-01-2023
Civil Procedure Code, 1908 – Section 24 – Transfer Civil Miscellaneous – General power of transfer and withdrawal – Present Transfer Civil Miscellaneous Petition is filed to transfer pending on file of XIII-Assistant City Civil Court to V-Assistant City Civil Court – Held, Powers conferred on Principal Judge need not be usurped by High Court unnecessarily – Petitioner has to approach Principal Judge City Civil Court Chennai for redressal of their grievances – Petitioner is at liberty to approach Principal Judge City Civil Court Chennai for transfer of suit in one City Civil Court to another City Civil Court at Chennai – Petition stands disposed of.
ORDER :
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to order withdrawal of the suit in O.S.No.5930 of 2022, pending on the file of XIII-Asst Judge, City Civil Court, Chennai and transfer the same to the file of V-Asst Judge, City Civil Court, Chennai to be tried jointly along with the O.S.1409 of 2017, pending on the file of V-Asst Judge, City Civil Court, Chennai and disposal of both the suits jointly in accordance with law and thus render justice.
The present Transfer Civil Miscellaneous Petition is filed to transfer O.S.No.5930 of 2022 pending on the file of the XIII-Assistant City Civil Court to V-Assistant City Civil Court, Chennai to be tried along with O.S.No.1409 of 2017.
2. The transfer is sought for from one City Civil Court, Chennai to other City Civil Court, Chennai and therefore, the Principal Judge, City Civil Court, Chennai is competent and having jurisdiction to consider the transfer applications under the Code of Civil Procedure.
3. The powers conferred on the Principal Judge need not be usurped by the High Court unnecessarily and therefore, the petitioner has to approach the Principal Judge, City Civil Court, Chennai for redressal of their grievances. Accordingly, the petitioner is at liberty to approach the Principal Judge, City Civil Court, Chennai, for transfer of suit in one City Civil Court to another City Civil Court at Chennai.
4. With this liberty, the Transfer Civil Miscellaneous Petition in TR.CMP.No.26 of 2023 stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
The central legal point established in the judgment is the delineation of the jurisdiction of the Principal District Judge or the Chief Judge, City Civil Court in transferring cases, particularly in ....
The court has authority under Section 24 CPC to transfer cases for the convenience of trial while avoiding inconsistent judgments.
Transfer of suits under Section 24 of CPC requires clear similarity of cause of action or parties; advanced stage of trial weighs against transfer.
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