This is an order dismissing a petition to transfer an original suit from the Sub-ordinate Court, Erode, to the High Court file for trial. The single judge found no merit in the transfer application given the stage of proceedings.
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.
1
Appln No.5955/2016 in A.S.No.353 of 2013
N.Sathish Kumar, J.,
No representation for the petitioners/plaintiffs.
Learned counsel appearing for the 3rd respondent by filing counter
would submit that the trial of the suit in O.S.No.309 of 2010 on the file of the Subordinate Judge, Erode has been commenced and it is posted for crossexamination of defendant's witness.
2.The suit sought to be transferred from the Sub Court, Erode in O.S.No.309/2010 is in the stage of cross examining the defendant's witnesses.
Since the reliefs (c) to (e) sought for in both the suits are identical in nature, the proceedings in C.S.No.353 of 2013 on the file of this Court has been stayed for a limited period. Hence, this Court is of the view that this suit can be stayed till the disposal of the original suit pending on the file of the Subordinate Judge, Erode in O.S.No.309/2010.
necessary.
2
N.Sathish Kumar, J.,
KP
Subordinate Court, Erode and transfer it to the file of this Court to be tried along with C.S.No.353 of 2010 is hereby dismissed.
10.01.2017
KP
Appln No.5955/2016 in A.S.No.353 of 2013
1 issue framed by the court
Whether the suit pending before Sub-ordinate Court should be transferred to this Court for trial alongside C.S.No.353 of 2013.
Petitioner/Plaintiff
Respondent (3rd)
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
