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THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr. C.M.P Nos.88, 89, 90 and 110 of 2021
COMMON ORDER:
Tr.C.M.P.No.88 of 2021:
This Transfer Civil Miscellaneous Petition has been filed
to transfer O.S.No.152 of 2021 pending on the file of the I
Additional Junior Civil Judge, Nellore to the Court of VI
Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
Tr.C.M.P.No.89 of 2021:
2) This Transfer Civil Miscellaneous Petition has been
filed to transfer O.S.No.157 of 2021 pending on the file of
the Principal Junior Civil Judge, Nellore to the Court of VI
Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
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Tr.C.M.P.No.90 of 2021:
3) This Transfer Civil Miscellaneous Petition has been
filed to transfer O.S.No.149 of 2021 pending on the file of
the I- Additional Junior Civil Judge, Nellore to the Court of
VI Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
Tr.C.M.P.No.110 of 2021:
4) This Transfer Civil Miscellaneous Petition has been
filed to transfer O.S.No.151 of 2021 pending on the file of
the Principal Junior Civil Judge, Nellore to the Court of VI
Additional District Judge, Visakhapatnam for being tried
along with O.S.No.39 of 2021 or to any other Court at
Visakhapatnam.
5) Heard Sri Raja Reddy Koneti, learned counsel for
the petitioner and Sri V. Siva Prasad Reddy, learned counsel
for the respondent in all the above matters. Perused the
records.
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6) All these Transfer Civil Miscellaneous Petitions filed by the same petitioner against different respondents. The petitioner herein is the Defendant in the suit in O.S.No.149 of 2021 and O.S.No.152 of 2021 which are pending on the file of the I Addl. Junior Civil Judge, Nellore and O.S.No.151 of 2021 and O.S.No.157 of 2021 which are pending on the file of the Principal Junior Civil Judge, Nellore. All the suits are filed for recovery of money basing on the promissory notes executed by the petitioner herein.
7) The learned counsel for the petitioner submits that in all the promissory notes the family members and other kith and kin are witnesses to the promissory notes. The learned counsel for the petitioner further submits that the suits are filed by the respective respondents/plaintiffs showing as residents of Nellore, though all of them reside at Visakhapatnam. The suits are filed only to harass the petitioner and to bring to terms. In fact the property sought to be attached is situated at Visakhapatnam and even if the 4 suits are decreed, the execution would be at Visakhapatnam. He contends that as per Section 20A of Civil Procedure Code, the suit to be filed where the defendant resides or cause of action wholly or in part arises.
8) The learned counsel for the petitioner further submits that the in all the suits the petitioner is sole defendant and he had a common defence to defend all the suits. Further the plaintiff in one suit is a witness to the execution of the promissory note in another suit. To avoid any conflict of judgments also, it is just and proper to try all the suit simultaneously in one court and the same would be convenient to the Court to consider his defence in the right perspective and it will be convenient to the Court as well as to all the parties to the suits.
9) The learned counsel for the petitioner further submits that in the circumstances, it is just and proper to transfer the suits in O.S.No.149 of 2021 and O.S.No.152 of 5 2021 on the file of the I Addl. Junior Civil Judge, Nellore and O.S.No.151 of 2021 and O.S.No.157 of 2021 on the file of the Principal Junior Civil Judge, Nellore to the Court of VI Additional District Judge, Visakhapatnam for being tried along with O.S.No.39 of 2021.
10) Learned counsel for the Respondents in all the Transfer Civil Miscellaneous Petitions vehemently opposed to transfer the said suits by relying upon the decision of the Hon'ble Supreme Court in Neilan International Co. Ltd. Vs. Powerica Limited and others [Transfer Petition (Civil) No.32 of 2020] and a decision of this High Court in Motupalli Usha Rani vs. Pala Sivva Rama Krishna1.
11) This Court gave careful consideration to the submissions made by the respective counsels.
12) Admittedly, all the above said four suits are filed basing on the promissory notes executed at Nellore and the 1 2020(3) ALT 555 (AP) 6 plaintiffs are residing at Nellore, where the cause of action arose. As such, there is no valid reason in transferring all the above said four suits from Nellore to Visakhapatnam.
13) In Motupalli Usha Rani vs. Pala Sivva Rama Krishna (referred supra), the High Court of Andhra Pradesh held in Paragraph No.4 as extracted hereunder:
"4. The other ground raised before this Court is that the Courts is that the Courts at Kakinada and Peddapuram lack territorial jurisdiction as the defendant is not residing within the territorial limits of Kakinada and Peddapuram, and therefore, requested to withdraw the above said two suits on this ground also. But lack of territorial jurisdiction is not a ground to exercise power under Section 24 CPC to withdraw and transfer the suits from one Court to another Court. But it is a ground to return the plaint under Order VII Rule 10 CPC or the petitioner may file an appropriate application under Order XIV Rule 2 CPC to frame an issue as to territorial jurisdiction and try the same as preliminary issue. Therefore, liberty is given to the petitioner to file appropriate applications under Order VII Rule 10 or under Order XIV Rule 2 CPC."
14) The Hon'ble Apex Court in Neilan International Co. Ltd. Vs. Powerica Limited and others (referred supra), held at Paragraph No.5 as extracted herein: 7
"5. Apropos, it is no longer res integra that there is limited scope vested in this Court while exercising its jurisdiction under Section 25 of CPC and the same cannot be extended to determine the question of territorial jurisdiction of the proceedings before it as the plea of jurisdiction or the lack of it can be prompted before the Court in which the proceedings are pending."
15) for the above said reasons and in the light of the settled legal proposition and in view of the facts and circumstances of the case, this Court do not find any merits to order transferring the above said four suits from Nellore to Visakhapatnam.
17) Accordingly, the transfer civil miscellaneous petitions are dismissed.
As a sequel, miscellaneous petitions, if any pending, shall stand dismissed..
______________________ JUSTICE BATTU DEVANAND Date:18.10.2022 PGR/SP 8 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr. C.M.P Nos.88, 89, 90 and 110 of 2021 Dt.18.10.2022 PGR/SP