Madras High Court
Shankar Sundaram vs Amalgamations Private Limited on 24 November, 2021
Tr.CMP.No.615 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Tr.CMP.No.615 of 2021
Shankar Sundaram ..Petitioner
Vs.
1.Amalgamations Private Limited,
861, Dr.Radhakrishnan Salai,
Chennai – 600 004.
2.A.Sivasailam (deceased)
3.A.Krishnamoorthy
4.Seetha Venkatramani
5.Lakshmi Narayanan
6.Mallika Srinivasan
7.Murali Venkatraman
8.Master Shriram, Minor
Rep. By father & Natural Guardian,
Murali Venkatraman ..Respondents
Prayer: Transfer civil miscellaneous petition filed under Section 24 of
C.P.C., seeking to withdraw OS.No.8931 of 2019 from the file of the XVIII-
1/6
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Tr.CMP.No.615 of 2021
Additional City Civil Court, Chennai and take it on the file of the Original
Side of this Hon'ble Court with a direction under Section 24(2) C.P.C,
direction ro proceed with the trial from the point at which it was transferred
to the City Civil Court.
For Petitioner : Mr.K.Ravi
For Respondents : Mr.S.Ramasubramaniam for R1
Mrs.Geethi Ara for R1 and R3 to R5
Mr.Thriyambak J.Kannan for
R6 to R8
R2 - Died
ORDER
This petition has been filed seeking to withdraw OS.No.8931 of
2019 from the file of the XVIII-Additional City Civil Court, Chennai to be
heard and disposed of by this Court.
2.The reason for transfer is that the said suit was pending before
this Court and in view of the enhancement of the valuation, the suit has been
transferred to the City Civil Court. An application was filed even before the
transfer, seeking amendment of the plaint to increase the valuation to
Rs.1,00,00,900/-. However, before the amendment was allowed, the suit
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Tr.CMP.No.615 of 2021
was transferred to the City Civil Court. After the transfer, the City Civil
Court had allowed the amendment on 27.01.2020. The amendment was
carried out and the Additional Court Fee has also been paid. In view of the
amendment, the value of the suit exceeds the pecuniary jurisdiction of the
City Civil Court.
3.None of the parties to this transfer petition have any objection
for transfer of the suit to this Court. Since the power under Clause 13 of the
Letters Patent has been given to the judge sitting on the original side to
withdraw a suit from other Courts and dispose it of, I had a doubt as to
whether the application under Section 24 for the same purpose would lie. I
find that this court had in N.Ram Mohan Vs. J.Kasthuri reported in Vol 89
(1976) LW Page 92 has considered the same question and upheld the power
of this Court under Section 24 to withdraw a suit pending in a Court Sub-
ordinate to it and hear it and dispose it of by itself. The Hon'ble Mr.Justice
P.RGokulakrishnan, who had penned the judgment in N.Ram Mohan Vs.
J.Kasthuri had followed the judgment of the Division Bench in Srirangam
Municitypality Vs. Palanisami Pillai reported in 1951 (1) MLJ 281.
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Tr.CMP.No.615 of 2021
4.In view of the same, the suit in OS.No.8931 of 2019 is
withdrawn from the XVIII-Additional City Civil Court, Chennai to this
Court to be disposed of by this Court. It is made clear that proceedings will
continue from the stage where it is now pending and there shall be no de-
novo Trial.
24.11.2021
kkn
Index:Yes/ No
Internet:Yes / No
Speaking / Non-speaking order
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Tr.CMP.No.615 of 2021
To:-
1.The XVIII – Additional City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
Tr.CMP.No.615 of 2021
R.SUBRAMANIAN, J.
KKN
Tr.CMP.No.615 of 2021
24.11.2021
https://www.mhc.tn.gov.in/judis
