Application to transfer a pending 2016 title-declaration suit from the Principal District Court, Vellore for joint trial with a 2018 partition suit before this Court was opposed on grounds of substantial progress already made. The Court held independent causes of action and Section 11 CPC would operate, and transfer would only delay the earlier suit.
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A.No.1636 of 2024 in C.S.No.535 of 2018
A.No.1636 of 2024 in C.S.No.535 of 2018
N.SATHISH KUMAR, J.
This application has been filed to transfer the suit in O.S.No.54 of 2016 pending on the file of the Principal District Judge, Vellore for joint trial along the suit in C.S.No.535 of 2018 pending on the file of this Court.
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A.No.1636 of 2024 in C.S.No.535 of 2018
evidence on the side of the plaintiff is already over and on the side of the defendants, D.W.1 has been examined in chief and the matter is posed for cross examination of D.W.1. Hence, the above suit cannot be transferred to this Court.
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A.No.1636 of 2024 in C.S.No.535 of 2018
years of the earlier suit. This suit is for partition and the parties in this suit are aware of the previous suit filed in the year 2016. In such view of the matter, filing an application at this stage is not for the best interest of the parties and it will only delay the previous suit. In this suit written statement has also been filed. Any decision rendered in the former suit will have a bearing on the parties to the suit, Section 11 of Code of Civil Procedure will come into operation in such cases. Hence, I am of the view that if the suit of the year 2016 is transferred to this Court at this stage, it will only delay the suit where substantial progress has already been made. Hence, this application is liable to be dismissed.
20.03.2024
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A.No.1636 of 2024 in C.S.No.535 of 2018
N.SATHISH KUMAR, J.
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A.No.1636 of 2024 in C.S.No.535 of 2018
20.03.2024
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1 issue framed by the court
Whether the 2016 Vellore declaration suit should be transferred for joint trial with the 2018 partition suit before this Court.
1 provisions across 1 enactments
Applicants in A.No.1636 of 2024
Respondents
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
