TULSIRAM Vs. GAMBHIR SINGH

JUDGEMENT

(1.) This revision petition has been preferred by the petitioners on being aggrieved by the order, passed by the District Judge, Gwalior in Civil Misc. Case No. 72/09 (Tulsiram and others Vs. Gambhir Singh and others) on date 13-8-2009, whereby the application of the petitioners, preferred under Section 24 of Code of Civil Procedure, seeking transfer of the Civil Suit No. 31 -A/09 has been rejected on the ground that the two suits are different in nature and are pending amongst different set of parties, which cannot be tried together or in one Court.

(2.) I have heard Shri M.K. Gupta, learned Counsel for th petitioners and Shri R.S. Pawaiya, learned Counsel for the respondent No. (1) and I have perused the order and documents annexed with the record of this case.

(3.) The petitioners Tulsiram and others have moved an application before the District Judge, Gwalior under Section 24, CPC by demonstrating that the respondent Gambhir Singh had filed a Civil Suit No. 47-A/09 without impleading him as a party, although Tulsiram and others have filed Civil Suit No. 31 -A/2009 in relation to the same property and for achieving uniformity of the judgment it is required in the interest of justice to transfer the Civil Suit No. 31-A/09 pending before the 3rd Civil Judge, Class II, Gwalior to the 9th Additional District Judge, Gwalior, where the Civil Suit No. 47-A/09 is pending.