Smt. Madanamma vs The Singareni Colleries Co. Ltd. and Others

Motilal B. Naik, J.—Petitioner is before this Court seeking transfer of O.S. No. 60 of 1992 on the file of the Sub-Court, Kothagudem to the Court of Subordinate Judge, Asifabad in Adilabad District.

It is stated that the said suit is one for declaration as to the legal heirs of the deceased Odelu who was said to be an employee of Singareni Collieries. Along with the petitioner, her two children are also parties to the said suit.

Petitioner now contends that the cause of action has not arisen at Khammam and therefore, maintenance of the suit at Khammam is without jurisdiction and, necessarily the suit has to be transferred to the place where the petitioner is staying i.e., Asifabad, Adilabad District.

It should be remembered that the suit is for a declaration to be the successor to late Odelu. When once a suit is filed for declaration as to be the successor, that suit could be filed by the party wherever he/she resides.

Admittedly, respondents are residing at Khammam. Therefore, I am of the opinion that part of the cause of action, though not entire, arises at Khammam and in this view of the matter, the submission that no cause of action had arisen at Khammam for filing the suit and, therefore, the suit has to be transferred to Asifabad Court in Adilabad District, is improper. On the basis of the arguments, it looks to me that the petitioner probably is a resident of Adilabad District and feels convenient to contest the matter at Adilabad District. Parties'' convenience alone cannot be looked into in deciding the jurisdiction of the Court. What necessarily to be examined is the nature of relief sought in the suit. As the petitioner is a resident of Asifabad in Adilabad District, she thinks that the suit could be tried at Asifabad. The petitioner forgets the fact that the respondents are residents of Khammam District and claim that they are the legal heirs of late Odelu, who was an employee of Singareni Collieries, whose Head quarters is at Khammam. Certain amounts due to late Odelu are with the employer i.e., Singareni Collieries. In this background, the respondents realising the difficulties being faced by them for claiming the amounts as legal heirs of late Odelu in the wake of opposition from the petitioner, have instituted the said suit at Khammam as it is the place of their residence seeking a declaration that they are legal representatives of late Odelu and entitled to receive the amounts on his behalf. This suit is however, opposed by the petitioner by laying a contrary claim. In this background, I am of the view, the petitioner seeking transfer of suit in O.S. No. 60/92 from the court of the Subordinate Judge, Kothagudem to the Court of Sub-Judge, Asifabad is improper and accordingly, the Tr. C.M.P. is dismissed. However, since the suit is of the year 1992 and the written statement has already been filed, the lower Court is directed to dispose of the said suit as early as possible, preferably within a period of six months from the date of receipt of a copy of this order.