IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2009
CORAM
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN
Tr. C.M.P.No.413 of 2008
and
M.P.No. 1 of 2008
Ponnusamy Achari .. Petitioner
Versus
1. Indira Devi
2. Jainraj Sowcar .. Respondents
The Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure praying to withdraw the case in O.S.No.259 of 2005 pending on the file of District Munsif Court at Sholinghur and transfer to any other District Munsif Court at Tiruvallur District.
For Petitioner : M/s. M.V. Muralidaran
For Respondents : Mrs. P. Srividya
ORDER
The plaintiff in O.S.No.259 of 2005 on the file of District Munsif Court. Sholinghur, is the petitioner in the transfer petition.
2. The suit in O.S.No.259 of 2005 was instituted by the petitioner against the respondents praying for declaration and delivery of possession after demolishing the construction made in the suit property. Though the suit was filed in the year 1997, it was numbered only in the year 2005. The petitioner engaged one Mr.Sampath Kumar, a practicing advocate at Ranipet to file the suit. However, after numbering the suit, the counsel returned the bundle to the petitioner without disclosing any reason. Even though the petitioner approached the members of Sholinghur Bar, nobody was willing to appear on behalf of the petitioner. It is the apprehension of the petitioner that one of the close relatives of the respondents, worked as Sheristadar in District Munsif Court, Sholinghur and he was requesting the members of the said bar not to appear on behalf of the petitioner and as such he was not in a position to conduct the proceedings before District Munsif Court, Sholinghur, and accordingly, he prays for transfer of suit to any other court in the district of Tiruvallur.
3. Even though the petitioner has stated that he has engaged one Mr.Sampathkumar as the counsel to appear on behalf of him and he has returned the bundle, there is nothing on record to show as to whom he approached subsequently which made him to believe that he would be put to difficulties in the event of conducting the case before the Court at Sholinghur. In case, the petitioner was not in a position to engage a lawyer from the bar association, Sholinghur, it is always possible for the petitioner to approach the legal services authority, attached to the said Court. The suit cannot be transferred on the ground as stated in the present application. In case, the petitioner approaches the legal services authority attached to the District Munsif Court, Sholinghur, with an application to get the assistance of a counsel, the said application has to be considered by the said court with all its seriousness.
4. The Transfer Civil Miscellaneous Petition is disposed of with the above observation. Consequently, connected Miscellaneous Petition is closed. However, there will be no orders as to costs.
mra
To
The District Munsif,
Sholinghur