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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
M.Micheal Selvaraj – Appellant
Versus
I.Serman – Respondent
| Table of Content |
|---|
| 1. facts surrounding multiple suits and petitions. (Para 2) |
| 2. contentions regarding the transfer petition's maintainability. (Para 3 , 7) |
| 3. court analysis on the necessity of separate applications for transfers. (Para 4 , 5 , 6 , 8) |
| 4. conclusion dismissing the civil revision petition and sustaining the previous order. (Para 9) |
ORDER :
G.R. SWAMINATHAN, J.
Heard the learned counsel for the revision petitioner and the learned counsel for the first respondent.
2.The revision petitioner is figuring as the defendant in as many as five suits. The first respondent herein filed O.S.No.68 of 2021 on the file of the III Additional District Court, Tirunelveli for the relief of specific performance. The second respondent herein filed O.S.No.196 of 2021 on the file of the III Additional District Court, Tirunelveli for recovery of money. The third respondent herein filed O.S.No.370 of 2021 on the file of the III Additional District Court, Tirunelveli for recovery of money. The fourth respondent herein filed O.S.No.22 of 2022 on the file of the Additional Sub Court, Tirunelveli for recovery of money. The fifth respondent herein filed O.S.No.167 of 2022 on the file of the Principal Sub
A consolidated transfer petition for multiple lawsuits is impermissible under civil procedure rules; separate applications are required for each suit.
The discretion of the court to hear parties before transferring a case must be exercised judiciously in the context of the reason for transfer, and Section 24 CPC does not specifically require notice....
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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