Supreme Court of India · 1979-05-03
INDIAN OVERSEAS BANK, MADRAS vs CHEMICAL CONSTRUCTION COMPANY & ORS.
- Citation / case number
- SC 1978/90240
- Court
- Supreme Court of India
- Petitioner
- INDIAN OVERSEAS BANK, MADRAS
- Respondent
- CHEMICAL CONSTRUCTION COMPANY & ORS.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court held that Section 25 of the Code of Civil Procedure, 1908, as amended in 1976, empowers the Court to transfer suits between states if it serves the ends of justice. The Court emphasized that the plaintiff has the right to choose the forum, and transfer should not be lightly ordered unless justified by convenience and the avoidance of conflicting decisions. In this case, the Court found that common questions of law and fact existed in two suits pending in different courts, warranting the transfer to ensure a unified trial and prevent multiplicity of proceedings.