BASELIUS MAR THOMA MATHEWS & ORS. versus PAULOSE MAR ATHANASIUS &. ORS.

BASELIUS MAR THOMA MATHEWS & ORS. versus PAULOSE MAR ATHANASIUS &. ORS.

All the suits should be transferred to the High Court and tried from the present stage, since expeditious termination is the driving force; shortening the longevity of these litigations and reducing enormous expenditures for both sides motivate the transfer. The social savings of abbreviation of law's delays are important to social justice.

Parties
Appellant: Baselius Mar Thoma Mathews & Ors.; Respondent: Paulose Mar Athanasius & Ors.
Jurisdiction
India
Judgment Date
09 August 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 4 7 1979 of the Kerala High Court in CMP (transfer) No. 5069/79
Outcome
Appeal allowed.
Legal Topics
Transfer of Suits, Section 24(1)(b) CPC, Expeditious Termination of Litigation
Civil Procedure Transfer of Suits Section 24(1)(b) CPC Expeditious Termination of Litigation

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Parties

Baselius Mar Thoma Mathews & Ors.

Appellant

Paulose Mar Athanasius & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 4 7 1979 of the Kerala High Court in CMP (transfer) No. 5069/79

Legal Issues

  1. 1 Whether, at the present stage in protracted community litigation, eight significant suits should be withdrawn from the Additional District Court and tried by the High Court under Section 24(1)(b) of the Civil Procedure Code

Ratio Decidendi

All the suits should be transferred to the High Court and tried from the present stage, since expeditious termination is the driving force; shortening the longevity of these litigations and reducing enormous expenditures for both sides motivate the transfer. The social savings of abbreviation of law's delays are important to social justice.

Court Disposition

Appeal allowed.

Orders

  • All suits covered by the transfer petition to be transferred to the High Court and tried from the present stage post-haste.