( 1 ) THIS is an application for transfer of a suit pending in the Court of the Civil Judge, Agra to the court competent to try it in Mainpuri. The parties belong to the same family. L. Vidya Ram, plaintiff-opposite party 1 filed the suit which has given rise to this application for partition of family property in the Court of the Civil Judge Agra. The applicant and the other two opposite parties, L. Kedar Nath and Srimati Attar Dei, are defendants to the suit. The property in dispute is situated partly in the district of Agra and partly in the district of Mainpuri. The issues in the case were framed on 21-2-1950. The applicant did not object to the suit proceeding in the Civil judges Court at Agra up to that time. Then six months later, i. e. on 30-8-1950 he made the present application to this Court for the transfer of the case on the ground that the suit could have been instituted at Mainpuri and it would be convenient to both parties that it be tried there. The ground mentioned in the application is covered by Section 22, Civil P. C. The Section however lays down two conditions in which such an application may be made, first that the application should be made at t