Disposed

Manickam P.A. v. R.Saravana Balaji

Madras HC8 Mar 2017TR CMP/227/2017

Case brief

AI extract

What is this about?

The petitioner filed a transfer civil miscellaneous petition under Section 24 CPC to withdraw a suit from an Additional District Court and transfer it to a Sub Court. The Single Judge observed that since transfer was sought within the district, the petition should be filed before the District Court. The petition was closed.

What did the court decide?

The transfer civil miscellaneous petition is closed with liberty to the petitioner to file a fresh petition before the District Court.

Manickam P.A. Vs R.Saravana Balaji — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.03.2017

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CORAM:

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THE HONOURABLE MR.JUSTICE M.DURAISWAMY

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Transfer C.M.P.No.227 of 2017

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and C.M.P.No.4058 of 2017

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Manickam P.A. ...Petitioner
Vs.
1.R.Saravana Balaji
2.A.Kanagaraju
3.P.A.Radhakrishnan
4.Thilagam
5.Vasantha
6.S.Gunasekaran
7.Kalaivani
8.K.Muralidharan
9.K.Kiruba
10.Selvi
11.Kanmani
12.Indirani
13.K.Mohan
14.P.Rathinasamy ...Respondents
(Notice to R2, R3, R5 to R9 & R12 are dispensed with as they
were set exparte)

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Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the suit in O.S.No.180 of 2014 from the file of the III Additional District Court, Salem, previously O.S.No.89 of 2010 at Principal Sub Court, Salem and to transfer to the file of the Principal Sub Court, Salem, the final decree petition in I.A.No.336 of 2016 in O.S.No.109 of 1966 for join trial.

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For Petitioner : Mr.V.Sekar

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O R D E R

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The 2^nd defendant in O.S.No.180 of 2014 on the file of the III Additional District Court, Salem has filed the above Transfer Civil Miscellaneous Petition under Section 24 of the Civil Procedure Code to withdraw the suit in O.S.No.180 of 2014 and to transfer the same to the file of the Principal Sub Court, Salem, to be tried along with the final decree application in I.A.No.336 of 2016 in O.S.No.109 of 1966.

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https://hcservices.ecourts.gov.in/hcservices/

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2.Since the petitioner is seeking for transfer of the suit from the file of the III Additional District Court, Salem, to the file of the Principal Sub Court, Salem, I am of the view that the transfer petition can be filed before the District Court, Salem itself.

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3.In such view of the matter, the Transfer Civil Miscellaneous Petition is closed and liberty is given to the petitioner to file a fresh Transfer Petition before the District Court, Salem, for appropriate relief. No costs. Consequently, the connected miscellaneous petition is also closed.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Third Additional District Court,
Salem.
2.The Principal Sub Court,
Salem.
+1cc to Mr.V. Sekar, Advocate, S.R.No.14925
ppa(CO)
md(09/03/2017)
Transfer CMP No.227 of 2017
and C.M.P.No.4058 of 2017

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https://hcservices.ecourts.gov.in/hcservices/

Manickam P.A. v. R.Saravana Balaji

Case brief

What is this about?

What did the court decide?

Manickam P.A. v. R.Saravana Balaji

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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