Application for transfer of civil suit

Applicants sought transfer of civil suit from one district to another on the ground that the defendant had threatened them of dire consequences

Validity

Parties could not be allowed to seek transfer of the case from one court to another without any valid ground

Such practice would cause delay in the proceeding before the competent court of jurisdiction and inconvenience to other party

Applicants had failed to mention as to by what means the defendant had threatened them, in whose presence, the threat was made and on what date and month the defendant threatened them

Alleged allegation was not supported by any evidence

Even the applicants had not taken legal proceedings on such threat

Apprehension was no valid ground for transfer of the case to other court

Transfer application was dismissed, in circumstances.

Contention of counsel for applicant/witnesses was that since applicant had serious apprehension of being killed or kidnapped by accused party his case be transferred from Sessions Judge "T" to any other district

Held, applicant, instead of seeking help from the local Police or the Trial Court, had chosen to file transfer application without any valid, firm and justifiable reason

Such request of applicant could not be accepted, which would defeat smooth functioning of Court

Application for transfer of case was dismissed in circumstances.

Applicant contended that he had no confidence in the Judge concerned since he had dismissed an earlier suit of the applicant, which was similar to the present suit; that such dismissal order was set aside in appeal by the Appellate Court, and that the Judge was giving very short dates in the case, therefore, applicant apprehended that Judge would not decide the matter in accordance with the law

Validity

Comments submitted by Judge concerned revealed that he was keen on early disposal of each and every pending case in accordance with the Judicial Policy

No specific allegation had been made by the applicant regarding his no confidence over the Judge

Grounds mentioned by the applicant in his application for transfer of case were not sufficient

Transfer application was dismissed in circumstances with a direction to the Judge concerned to decide the case strictly in accordance with the law and merits, without being influenced from any quarter.

Plaintiff filed two suits but subsequently sought transfer of said suits to another court of competent jurisdiction in the district with the contentions that one of the defendants, who was a political figure with influence, was extending threats to the plaintiff, which made it impossible for her to pursue the suits; that she was an illiterate "pardah" observing lady and it was difficult for her to travel to the civil court where case was presently being contested, and that, her convenience had to be kept in mind

Validity

No doubt plaintiff was a female but there were five females from the defendant side also

Political figures could not exercise any influence on Judicial Officers because they were under an obligation to decide the case on merits and strictly in accordance with the law

Status of families of the parties had no bearing on the outcome of suits

Plaintiff could move an application before police to seek protection through court in case she had any genuine apprehension

Case could not be transferred on basis of self-concocted or feared apprehensions

Petition for transfer of suit was dismissed accordingly.