prem kumar (business) 30 November 2011

Any defence?

I have filed a partition suit in Tamilnadu court under Order VII Rule 1 and section 26 of CPC against my brothers including a running partnership firm business in Karnataka which includes goods, furnitures and advance of Landlord of shop.

Meanwhile landlord filed an ejectment suit under transfer of property act 106 against partnership firm in Karnataka by issuing advocate notice to all partners. In this ejectment suit in Karnataka court, one of our partners mentioned him in his written statement as a propreitor, and says all the partners were retired from the firm.

My advocate also filed my written statement today in bangalore court mentioning me as a partner and also mentioned in my written statement about the partition suit which is filed in Tamilnadu court.

As I am very old, I am unable to visit bangalore. My question is, partition suit filed in tamilnadu, and ejectment suit is held in karnataka. One of the partners in this case is concealing the truth saying as a propreitor. Therefore, can i take any measure to stop the proceedings of bangalore ejectment suit by filing any petition in Supreme Court?

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3 Replies

I.S.Roy,Advocate (Advocate) 30 November 2011

Dear Sir

No, it is not possible becsue, these two cses are two different in naure and more over only your business is involved in partition but not such rented premises

with regrds

I.S.Roy, advocate

Viswanath (Student) 01 December 2011

you can file a petition seeking transfer of case to tamilnadu

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 04 December 2011

SEc 25 of CPC

[25. Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]

COMMENTS

(i) In transfer of suits, appeals or other proceedings paramount consideration is that justice according to law is done; Dr. Subramaniam Swamy v. Ramakrishna Hegde, AIR 1990 SC 113.

(ii) No case can be transferred to another court unless first Court is biased or some reasonable grounds exist; Gujarat Electricity Board v. Atmaram Sungomal Poshani, (1989) SCJ 180.

you can file a transfer petition to transfer the case