After the disposal of Suit No.1028/78, number the appellants have filed this application for transfer of Suit No.298/89 to the file of the Subordinate Judge, Patna for trial on the ground that the order passed by this Court for joint trial had out lived its purpose and Suit No.398/89 requires to be tried on issues which are number companyered in Suit No.1028/78.
The Civil Suit No.336/79 pending on the file of the Subordinate Judge, Patna was transferred by an order of this Court dated February 15, 1988 to be tried along with Suit No.1028/78 pending on the original side of the Bombay High Court.
It is number number in dispute that though Suit No.1028/78 was posted along with transferred suit which was numbered as Suit No.398/89, and they were adjourned for some time, the evidence was adduced in Suit No.1028/78 and it was decreed by the learned single Judge.
Having regard to the facts and circumstances and the nature of the disputes between the same parties in both the suits, instead of retransferring Suit No.398/89 to the Court of Subordinate Judge, Patna, the learned Judge on the original side is requested to frame necessary issues in Suit No.398/89 within six weeks from the date of the receipt of this order.
It would appear that UCO Bank has also filed an appeal and that is also pending.
An appeal came to be filed and were are informed that the appeal is pending disposal.
if the relevant documents have already been filed or any additional documents are required, the same may be filed within two weeks thereafter.
