High Court Patna High Court - Orders

Naushin Begum @ Nasima Khatoon @ … vs Md.Shakir Hussain & Anr on 17 August, 2011

Patna High Court – Orders
Naushin Begum @ Nasima Khatoon @ … vs Md.Shakir Hussain & Anr on 17 August, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                           MJC No.2688 of 2009
              Naushin Begum @ Nasima Khatoon @ Nasima Begum
                                  Versus
                         Md.Shakir Hussain & Anr
                               -----------

04. 17.08.2011 Heard learned counsel for the petitioner

and the Opposite Party.

This application has been filed for transfer

of Miscellaneous Case No. 9 of 1998 alongwith T.S. No. 8

of 1996 from the court of learned Subordinate Judge,

Saharsa to the court of Principal Judge, Family Court,

Samastipur.

It is submitted on behalf of the petitioner

that the aforesaid title suit was filed by the Opposite Party

at Saharsa court which had no jurisdiction even then

though the suit was decreed ex-parte. It is further

submitted that for transfer of the aforesaid suit, petitioner

had earlier filed an application vide M.J.C. No. 2804 of

1996 as stated in paragraph -17 of the petition. However,

the said M.J.C. for transfer become infructuous after

passing of the ex-parte decree on 05.07.1997 in the

aforesaid title suit in question.

Learned counsel appearing on behalf of the

Opposite Party submits that suit has been decreed ex-

parte on 05.07.1997 and petitioner had filed for setting

aside the ex-parte decree in the court where the suit was

decreed. It is further submitted petitioner had filed the
case at Saharsa as such, petitioner could not have filed

the present case for transfer of his own application at

Samastipur although the suit was decreed by the court of

Subordinate Judge at Saharsa.

Considering the submissions of the parties

and also the averments made in this application, I do not

find that the prayer of the petitioner for transfer of the

case can be said to be justified. Accordingly, the

application is dismissed.

Jagdish/-                               ( Shailesh Kumar Sinha,J.)