JUDGMENT :

MOHAMMED SHAFFIQ, J.

Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with Clause 15 of Letters Patent praying to set aside the order dated 29.01.2021 passed by the learned Judge in Application No.1811 of 2020.

The short question that arises for consideration is, whether the filing of a counter claim, the value of which exceeds the pecuniary limit/jurisdiction of the City Civil Court, in which the original suit is pending, but falls within the pecuniary limit of the Original Jurisdiction of the High Court is a circumstance, which warrants exercise of discretion to withdraw/remove the original suit from the file of the City Civil Court and transfer the same to be tried by the High Court by invoking powers under Clause 13 of Letters Patent read with Section 24 of the Civil Procedure Code.

2. The appellants herein are the legal heirs of the applicant in Application No.1811 of 2020. A suit in O.S. No.4820 of 2019 was filed before the III Additional City Civil Court, Chennai, by one M/s. New Finn Groups represented by its partners viz., Mr.A.Balasubramanian and Mr.A.Manthira Moorthy i.e, the respondent herein, for recovery of a loan amount o