Judgement

JAGANNADHA DAS, C. J. :- This is an application for transfer of original suit No.588/50 from the Court of the Subordinate Judge of Balasore, to the Court of the Subordinate Judge of Cuttack, to be tried and disposed of along with original suit No.59/50 pending in the latter Court. For the sake of convenience, one may be called the Balasore suit and the other as the Cuttack suit. The Cuttack suit was filed on 18-8-1950, and the Balasore suit is said to have been filed somewhat later.

2. The trial of both the suits has been stayed by orders of this Court dated 5-11-51 and 13-2-52. It is stated that the trial in both the suits has not yet commenced.

3. It is necessary to state briefly the admitted facts and the allegations in each, in order to appreciate the grounds on which this application for the transfer of the Balasore suit to Cuttack and for the joint trial of both together has been made. The plaintiff in the Cuttack suit, Srimati Snehalata Dei is the wife of the defendant therein Sri Samanta Radha Prasanna Das. Her suit is one for maintenance against her husband with a charge therefore on his properties and for provision of a house in Cuttack for her separate residence.