Transfer of civil suit

Applicants assailed order passed by District Judge whereby the case before Trial Court was transferred from one district to another

District Judge, in the impugned order, had observed that the grounds taken by the respondent were neither plausible nor trustworthy and that no cogent reason was shown for transfer of the case, but since it came on surface that brother of respondent, an advocate, had previously moved an application against Presiding Officer of the Trial Court with regard to some other matter, therefore, in the interest of justice the case was transferred

Observations of the District Judge seemed to be reasonable and justified, but since Presiding Officer of the Trial Court had been transferred and the Court had original jurisdiction to try the case, therefore, it was appropriate that the case be assigned to the same Court

Impugned order was set aside

Transfer application was disposed of accordingly.

Contention of applicants was that they had great apprehension that the brother of respondent, who was an advocate, might use the Bar platform and that none of the advocates in the district was ready to be counsel for the applicants

Validity

Ground agitated by the applicants was misconceived as they were represented through the Deputy District Attorney before the Trial Court and through a private lawyer before the High Court

Application in respect of the transfer of case to another district was dismissed.

Mere wishes of a party could not be held to be a valid ground for transfer of case.

Such ground alone could not be a ground for seeking transfer of a case from one court to another, particularly when the remedy as provided under the law against dismissal of interlocutory order had already been availed by the aggrieved party by filing an appeal or revision against it.

Parties could not be allowed to seek transfer of a case from one court to another without showing sufficient cause or in the absence of any valid ground(s), as doing otherwise would tend to frustrate and cause delay in lawful proceedings pending before the competent court of jurisdiction and would also cause inconvenience to the other party without any fault on its part.