NKRISHNAJI RAO Vs. GOKULDAS HARBHAGAVANDAS AND

JUDGEMENT

(1.) These are two petitions filed by the petitioner-defendant under Section 24, Civil P. C. praying that O. S. 141/54 and 219/54 pending in the Court of the Principal Subordinate Judge, Bangalore, may be "transferred to the Court of the Subordinate Judge, Mysore, to be tried along with O. S. Nos. 115 and 116/54 pending on the file of that Court. C. P. 10/55 relates to the transfer of O. S. 141/54 and C. P. 11/55 to the transfer of O. S. 219/54. The same point arises for decision in both these cases and therefore both of them will be covered by a common order,

(2.) The allegations 'made in the application and affidavit in support of the transfer are that some of the issues in all these cases are identical, that all the hundies which are the subject-matter of these four suits were executed in Mysore that all the 15 hundies will have to be exhibited in each of the four cases, that the oral evidence that the defendant has to adduce is common to all the cases, that the defendant's witnesses are residing in Mysore and that under these circumstances the cases pending in the Court of the Principal Subordinate Judge, Bangalore, may be transferred to the file of the Subordinate Judge's Court, Mysore.

(3.) The respondents-plaintiffs oppose the application. It appears to me that there arc not sufficient materials for allowing these petitions. The mere fact that some of the issues in these cases arc iden-tical, that the witnesses of the defendant arc residing at Mysore and that ail the 15 bundles have to be exhibited in each is not, in my opinion, sufficient to transfer the cases that are pending in the Sub-ordinate Judge's Court, Bangalore. The plaintiffs are opposed to the transfer of these cases and according to them, their witnesses are living in Bangalore. It has also to be remembered that the plaintiffs in these cases are different. Therefore, I am of opinion, that the grounds urged in the application and affidavit are not sufficient to warrant a transfer as desired by the defendant.