Section 24 permits transfer to consolidate similar suits pending at the same procedural stage.

The applicant, who was the plaintiff in Regular Civil Suit No. 207 of 2006 pending before the Principal Senior Civil Judge, Rajkot, sought its transfer to the Principal Senior Civil Judge, Nadiad, District Kheda, under Section 24 of the Code of Civil Procedure, 1908 (“CPC”).

The applicant submitted that three other similar suits involving the opponent as defendant had already been transferred to the Nadiad Court pursuant to an order dated 4 April 2011 in Misc. Civil Application for Transfer No. 283 of 2003, and that all matters should be heard and decided together.

It was also submitted that the present suit and the transferred suits were at the stage of recording the plaintiff’s evidence, causing no prejudice to the opponent.

The opponent opposed the transfer, principally arguing that the suit had been pending since 2006 and that transfer after approximately eighteen years would cause further delay.

The Court also noted that the opponent had not filed a reply controverting the applicant’s averments.

Whether Regular Civil Suit No. 207 of 2006 should be transferred from the Principal Senior Civil Judge, Rajkot, to the Principal Senior Civil Judge, Nadiad, under Section 24 of the CPC so that it could be heard with the other similar suits already transferred to Nadiad.

Whether the lapse of approximately eighteen years and the possibility of delay in trial constituted sufficient grounds to refuse the transfer sought by the plaintiff.

The Court applied Section 24 of the CPC, which empowers the High Court to transfer or withdraw suits, appeals, or other proceedings when the circumstances justify such transfer in the interests of justice.

The relevant principles include avoiding fragmented adjudication, facilitating joint consideration of substantially similar proceedings, and preventing inconsistent findings where common parties and issues are involved.

The Court also relied on the earlier coordinate Bench order dated 4 April 2011 in Misc. Civil Application for Transfer No. 283 of 2003, by which similar suits involving the same defendant had been transferred to the Nadiad Court.

The Court found that the present suit and the previously transferred suits were similar in nature, involved the opponent as defendant, and were all at the stage of recording the plaintiff’s evidence.

Since the other suits had already been transferred to Nadiad pursuant to the earlier order, transferring the present suit would enable the matters to be considered by the same Court and promote consistency in adjudication.

Although the opponent relied on the age of the suit and apprehended delay, the Court held that these considerations did not outweigh the circumstances favouring transfer, particularly when the opponent had not filed a reply disputing the applicant’s factual assertions and no material prejudice was shown.

The fact that the present suit was at the same procedural stage as the suits pending at Nadiad further supported the transfer.

Regular Civil Suit No. 207 of 2006 was transferred from the Principal Senior Civil Judge, Rajkot, to the Principal Senior Civil Judge, Nadiad, District Kheda.

The transferred suit was directed to continue from the stage at which it was transferred.

Rule was made absolute, and direct service was permitted.