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1978 DIGILAW 654 (MP)

Karamsingh v. Surajmal Rameshchandra (Firm)

1978-09-04

B.R.DUBE

body1978
Short Note : This revision is directed against the order dated 5-8-78 passed by the learned District Judge, Ujjain whereby the application of the applicants under section 24 CPC for transfer of Civil Suits Nos. 39-B of 77 and 36-B of 77 pending in the Court of Second Civil Judge, Class I, Ujjain and Civil Suit No. 2-B of 77 pending in the Court of the First Additional District Judge, Ujjain, in one and the same Court was rejected. Held : The learned counsel for the applicants conceded that all the three suits based on different causes of action and between different parties cannot be consolidated. His only contention is that looking to the pleadings of the parties they should be heard by the same judge. To my mind no useful purpose would be served by that. All the suits will have to be decided on the evidence led therein. The evidence in one suit cannot be used in another suit. The Judge who may hear all these suits cannot also use his knowledge with respect to one suit in deciding the other suits. The suit pending in the Court of Additional District Judge cannot be transferred to the Court of Civil Judge Class I. In case the two suits pending in the Court of the Civil Judge Class II, are transferred to the Court of Additional District Judge, they would be prejudiced in the sense that they would loose one right of appeal. The learned District Judge, therefore, was quite justified in not transferring all the three suits in one and the same Court. The learned counsel for the applicants could not satisfy me that the learned Judge committed any jurisdictional error in rejecting the transfer application. There is, therefore, no ground for making any interference in the impugned order. Revision dismissed.