ORDER M. Madhavan Nair, J. 1. This is a petition by the 2nd defendant in O. S. No. 28 of 1960 on the file of the Sub-Court of Tellicherry to have the suit transferred to the City Civil Court, Secunderabad. The facts, so far as are necessary for the disposal of this petition are: The defendants 1 and 2 were partners of the firm known as M/s. Gupta & Co. Secunderabad. They reside and had their firm at Secunderabad. The firm contracted for an agency business with the plaintiff company at Tellicherry, which business had been terminated on 1-4-1959. As security for the agency business the above said firm of M/s. Gupta & Co., had deposited Rs. 10,000/- with the plaintiff which became returnable on the termination of the agency. The plaintiff therefore laid this interpleader suit at its place, viz., in the Sub-Court of Tellicherry, depositing the amount along with the plaint, for disbursement to the rightful claimant thereof as it was reported that the firm M/s. Gupta & Co., had been dissolved in the meanwhile. It is expressly averred in the plaint that the plaintiff has no interest in the amount except as to the costs of the proceedings. The petitioner avers that the 1st defendant is a rich and influential person, that himself is very poor and unable to conduct the suit at Tellicherry far away from his home, and that the suit has been instituted in Tellicherry at the instance of the 1st defendant who wanted to avoid prosecution of the suit on the part of the 2nd defendant. A counter has been filed by the 1st defendant in the case in which he has said more than once that the question of poverty should not be taken as a ground for transfer of a suit from one court to another. The first consideration in fixing the jurisdiction of a court is the residence of the parties thereto. The plaintiff having no interest in the subject matter of the suit, excepting as regards costs, was liable to have been dismissed from the suit at the very first hearing as provided in Rule 4 of Order XXXV, C. P. C. whereupon one of the defendants might be transposed as the plaintiff in the case and the suit between the parties tried. Admittedly both the defendants to the interpleader are residents of Secunderabad. Admittedly both the defendants to the interpleader are residents of Secunderabad. The firm, which had the agency agreement where under the security deposit which is the subject matter of the suit came to be, was also at Secunderabad. The suit, in my opinion, ought to have been laid at Secunderabad itself, though it cannot be said that the court at Tellicherry has no jurisdiction in the matter. In the circumstances this petition is allowed. The suit O. S. No. 28 of 1960 on the file of the Sub Court, Tellicherry, will stand transferred to the City Court of Secunderabad, under S.23(3) of the Code of Civil Procedure. There will be no order as to costs in this petition.