IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.2688 of 2009
Naushin Begum @ Nasima Khatoon @ Nasima Begum
Versus
Md.Shakir Hussain & Anr
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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.)