K.S.Mani v. S.Chezhiyan
Case brief
What is this about?
This revision petition challenged an order dismissing a request to jointly try a partnership suit with two money suits. The High Court found no ground for interference, ruling the causes of action and parties differed.
What did the court decide?
Civil Revision Petition dismissed; order of the Principal District Judge confirming dismissal of the transfer petition is confirmed.
What the court decided
C.R.P.(MD)(PD)No.1082 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2019
CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
C.R.P.(MD)(PD)No.1082 of 2011 and M.P.(MD)No.1 of 2011
K.S.Mani :Petitioner
vs.
1.S.Chezhiyan 2.V.Solaimuthu 3.S.Vaithilingam 4.C.Thaiyamuthu 5.S.Rajagopal 6.R.Sivagamasundari 7.Meenakshi :Respondents
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order, dated 07.12.2010 passed in Tr.O.P.No.74 of 2010 on the file of the Principal District Court, Thanjavur, and withdraw and transfer the suits in O.S.Nos.711 and 712 of 2009 on the file of the Principal District Munsif Court, Kumbakonam to the Principal Subordinate Court, Kumbakonam and to try along with O.S.No.1 of 2010 on the file of the Principal Subordinate Court, Kumbakonam.
ORDER
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the lower court's order dismissing a petition for joint trial of suits.
Whether suits for dissolution of partnership and recovery of money on pronotes are distinct enough to preclude joint trial.
Parties & counsel
- petitioner
K.S. Mani
- respondent
S. Cheziyan
- respondent
V. Solaimuthu
- respondent
S. Vaithilingam
- respondent
C. Thaiyamuthu
- respondent
Case details
As recorded by the court registry
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