The applicant sought to transfer a suit for money recovery to be clubbed with another suit involving a sale deed. The court found no nexus or common issues between the two matters and dismissed the transfer application.
Application to transfer and club suit O.S.No.12057 of 2010 with C.S.No.889 of 2006 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 15TH DAY OF NOVEMBER 2017
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.No. 1665 of 2017 in C.S.No.889 of 2006
Mr.Subramaniam S/o.K.Krishnamurthy, No.23, Fifth Main Road, Raja Annamalaipuram, Chennai-600 028. ..Applicant/Plaintiff
-Versus-
1.Mr.Mittalal Dhoka S/o.Late.Puranmal Dhoka Old No.12, New No.14, Lakshmi Narasimhan Street, T.Nagar, Chennai-600 017.
2.Mr.Rikhabchand Dhoka S/o.Late Puranmal Dhoka Old No.12, New No.14, Lakshmi Narasimhan Street, T.Nagar, Chennai-600 017.
3.Mr.Mahavirchand Dhoka
No.45, Vaidhiyaraman street, T.Nagar, Chennai-600 017.
4.Mr.Gouthamchand Dhoka No.45, Vaidhiyaraman Street, T.Nagar, Chennai-600 017.
5.T.R.Pachamuthu
No.4 & 5, Prakasam Street, Valasaravakkam, Chennai-600 087.
..Respondents/Defendants
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O.S.No. 12057 of 2010
M/s. M.G.Enterprises Registered Partnership Firm Represented by its Partner Mr.Abhay Dhoka, having their Office at Old No.12, New No.14 lakshmi Narashimhan Street T.Nagar, Chennai 17.
: Plaintiff
-Vs-
K.Subramaniam S/o.K.Krishnamurthy, No.23, Fifth Main Road, Raja Annamalaipuram, Chennai-600 028.
:Defendant
A.No. 1665 of 2017
Application praying that this Hon'ble Court be pleased to withdraw the O.S.No.12057 of 2010 pending on the file of the V Addl.Judge, City Civil Court at Chennai to this Hon'ble Court and transfer the same to be clubbed together and jointly tried along with the above suit in C.S.No.889 of 2006.
This Application coming on this day before this court for hearing the court made the following order:-
This Application has been filed seeking to transfer the suit in O.S.No.12057 of 2010 [Originally filed as C.S.No.761 of 2005 before this Court] which is laid for recovery of money based on the promissory note dated 18.08.2004 for a sum of Rs.10,00,000/-, alleged to have been executed in
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favour of the plaintiff therein.
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Court to try along with the suit in C.S.No.889 of 2006.
//Certified to be a true copy//
Dated this the day of 2018.
JJ 14.03.2018 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of
the Order/Judgment Decree in this format.
2 issues framed by the court
Whether the suit regarding recovery of money on a promissory note should be transferred and clubbed with the suit regarding setting aside a sale deed due to alleged nexus or common issues.
Whether conflicting judgments are likely to arise if the suits are tried separately.
Subramaniam
Mittalal Dhoka
Rikhabchand Dhoka
Mahavirchand Dhoka
Gouthamchand Dhoka
T.R.Pachamuthu
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
