MOHAMMED YUSUF BANNAY SAHIB AND ORS. Vs. KHADIR BADSHA SAHIB AND ORS.

JUDGEMENT

(1.) THESE suits are posted before me for orders as to whether they can be transferred to the City Civil Court, Madras, under Section 16(2) of the Madras City Civil Court Act VII of 1892.

(2.) IN G.O. No. Ms. 4175 (Home) dated 11th November, 1948, the Government of Madras made the following notification:

(3.) EVEN if there is such a power, the question would still remain whether it is desirable to make an order of transfer. The members of the Bar who argued the question before me in these suits, as well as others interested in similar suits likely to be transferred, were all unanimous in objecting to such transfer. Several points of view were submitted urging the undesirability of such transfers. I must admit there was considerable force in the same and, if this Court has power, those considerations will have to be borne in mind in ordering transfers in individual cases on the merits thereof. In view, however, of my decision on the main question, it is unnecessary to refer to this aspect of the matter at greater length.