DR. SUBRAMANIAM SWAMY versus RAMAKRISHNA HEGDE

In light of documentary and oral evidence being located in Bangalore, the respondent's residence in Bangalore, and no substantial prejudice to respondent, the ends of justice demand the transfer of the suit from Bombay High Court to City Civil Court, Bangalore under Section 25 of the Code of Civil Procedure.

Parties: Petitioner: Dr. Subramaniam Swamy; Respondent: Ramakrishna Hegde
Jurisdiction: India
Judgment Date: 18 October 1989
Procedural Posture: Transfer Petition (civil) No. 338 of 1989 / Order on Application for Transfer
Outcome: Petition allowed
Legal Topics: Transfer of Proceedings, Defamation, Forum Conveniens

Civil Procedure Transfer of Proceedings Defamation Forum Conveniens

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Parties

Dr. Subramaniam Swamy

Petitioner

Ramakrishna Hegde

Respondent

Procedural Posture

Transfer Petition (civil) No. 338 of 1989 / Order on Application for Transfer

Legal Issues

1 Whether expediency for the ends of justice requires transfer of a pending defamation suit from Bombay High Court to City Civil Court, Bangalore under Section 25 of the Code of Civil Procedure

Ratio Decidendi

Court Disposition

Petition allowed

Orders

Suit No. 945 of 1989 (Ramakrishna Hegde v. Dr. Subramaniam Swamy) pending before Bombay High Court is transferred to City Civil Court, Bangalore for trial and disposal in accordance with law from its present stage.
Bombay High Court to transmit the record of the suit to the City Civil Court, Bangalore within four weeks from receipt of order.