Dismissed

V. Panchatcharam v. S. Rajan

Madras HC14 Dec 2022TR CMP/753/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras, in Tr.CMP No.753 of 2022, dismissed a petition filed under Section 24 of the Civil Procedure Code seeking withdrawal of a money recovery suit and its transfer to another court. The court held that no acceptable ground for transfer existed and merits cannot be adjudicated in transfer petitions.

What did the court decide?

Transfer Civil Miscellaneous Petition dismissed with no order as to costs; connected miscellaneous petition also dismissed.

V. Panchatcharam Vs S. Rajan — Property and Title | Madras HC (2022)

¶1

Tr.CMP No.753 of 2022

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 14-12-2022

¶4

CORAM

¶5

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

¶6

Tr.C.M.P.No.753 of 2022 and

¶7

C.M.P.No.12821 of 2022

V.Panchatcharam

.. Petitioner

vs.

1.S.Rajan 2.R.Kalaivani 3.R.Ganesan 4.G.Susila 5.R.Ravichandran

¶12

.. Respondents

¶13

PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the suit in OS No.201 of 2018 pending on the file of the Principal District Judge, Chengalpattu and transfer it to III Additional District and Sessions Judge, Vellore @ Tiruppattur or to the any other Competent Court at Tiruppattur, Vellore District.

¶14

1/6

¶15

https://www.mhc.tn.gov.in/judis

¶16

Tr.CMP No.753 of 2022

¶17

For Petitioner : Mr.S.Abubacker Sidhic

¶18

For Respondents-1 and 2 : Mr.C.Sugumar For Respondents-3 and 4 : Mr.N.Ponraj For Respondent-5 : No Appearance

¶19

O R D E R

¶20

The Transfer Civil Miscellaneous Petition is filed to withdraw the

¶21

suit in OS No.201 of 2018 pending on the file of the Principal District Court, Chengalpattu and transfer the same to the file of the III Additional District and Sessions Court, Vellore @ Tiruppattur or to the any other Competent Court at Tiruppattur, Vellore District.

¶22

The petitioner is the first defendant in the suit instituted by the

¶23

respondents for recovery of money. The suit was instituted in the year 2018 and initially an ex parte decree was passed. Subsequently, the petitioner filed

¶24

2/6

¶25

https://www.mhc.tn.gov.in/judis

¶26

Tr.CMP No.753 of 2022

¶27

an Interlocutory Application to set aside the ex parte decree, which was allowed and as of now, the suit is pending.

¶28

The grievance of the petitioner is that he is the senior citizen

¶29

residing at Tiruppattur and thus not in a position to travel and contest the civil suit instituted by the respondents.

¶30

The learned counsel for the petitioner raised the grounds on

¶31

merits and this Court is of an opinion that all such merits are to be adjudicated in the suit based on the documents and evidences. Such an adjudication is impermissible in a Transfer Petition filed to transfer the case from one Court to the other Court.

¶32

The learned counsel appearing on behalf respondents 1 and 2

¶33

and the learned counsel appearing on behalf of respondent 3 and 4 raised an objection by stating that the petitioner is adopting a tactical approach for the prolongation of the suit and in fact the suit was instituted in the year 2018

¶34

3/6

¶35

https://www.mhc.tn.gov.in/judis

¶36

Tr.CMP No.753 of 2022

¶37

and an ex parte decree was passed. Now after a lapse of about four years, the present Transfer Civil Miscellaneous Petition is filed in order to drag the proceedings and thus the present Transfer Civil Miscellaneous Petition is to be rejected.

¶38

The transfer of civil suits are to be done only on certain limited grounds. In the present case, the suit was instituted in the year 2018 and for the past about four years, it is pending on the file of the learned Principal District Court, Chengalpattu. Once it was decreed ex parte and subsequently restored and in progress as of now.

¶39

This being the facts and circumstances, the petitioner has not

¶40

made out any acceptable ground for the purpose of considering the relief as such sought for in the present Transfer Civil Miscellaneous Petition.

¶41

Accordingly, the Transfer Civil Miscellaneous Petition stands

¶42

dismissed. However, there shall be no order as to costs. Consequently, the

¶43

4/6

¶44

https://www.mhc.tn.gov.in/judis

¶45

Tr.CMP No.753 of 2022

¶46

connected miscellaneous petition is also dismissed.

¶47

14-12-2022

¶48

Speaking Order/Non-Speaking Order. Internet : Yes/No. Index: Yes/No. Svn To 1.The District Judge, District Court, Chengalpattu. 2.The III Additional District and Sessions Judge, III Additional District and Sessions Court, Tiruppattur, Vellore District.

¶49

5/6

¶50

https://www.mhc.tn.gov.in/judis

¶51

Tr.CMP No.753 of 2022

¶52

S.M.SUBRAMANIAM, J.

¶53

Svn

¶54

Tr.CMP No.753 of 2022

¶55

14-12-2022

¶56

6/6

¶57

https://www.mhc.tn.gov.in/judis

V. Panchatcharam v. S. Rajan

Case brief

What is this about?

What did the court decide?

V. Panchatcharam v. S. Rajan

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

Case details

Similar cases

M.Jayaraman Vs S.Subramaniam

Shanmugam, Vs Immaculate Sheela

Kuppan Vs Mallika

P.Eswari Vs P.Balamani

Sathya Priya Vs R.Sridharan

P. Priya Vs E. Anbumani