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may 1979

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.

INDIAN OVERSEAS BANK, MADRAS vs CHEMICAL CONSTRUCTION COMPANY & ORS. · Niyam