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MADRAS HIGH COURT
MINOR A.HARSHAVARDHAN – Appellant
Versus
K.SENTHILKUMAR – Respondent


O R D E R

This Tr.C.M.P., is filed seeking transfer of O.S. No. 777 of 2004 including I.A.CFR. No. 3406 of 2011 from the learned Additional District Judge V, Coimbatore to the file of the learned District Judge, Erode. 2. The petitioner herein is the 5th plaintiff in O.S.No.777 of 2004.

The suit in O.S.No.777 of 2004 was filed by the plaintiffs/respondents 1 to 3 herein for partition.

3. The petitioner is represented by Power of Attorney and he appeared before this court as party in person and submitted that the suit in O.S.No.777 of 2004 was pending for long time before the trial court, without any progress. I.A.CFR.No.3406 of 2011 was filed in the suit to direct proposed 5th plaintiff/petitioner herein to appear before trial court to give oral evidence. The trial court rejected the said appliction on the ground that the petitioner has not been impleaded as a party in the main suit. He further submitted that impleading petition has been returned by the trial court holding that since the proposed defendant is a minor, guardian petition is pending for orders.

4. According to the petitioner/party-in-person, the said order passed is against law and it shows that the learned Judge, trial

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