TA No.204 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
TA No.204 of 2008
Date of Decision: 21.10.2008
Rekha Jhanji Brar .....Applicant
Vs.
Sohan Lal Jhanji and others ....Respondents
....
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
****
Present : Mr. Chetan Mittal, Sr.Advocate with Mr.Keshav Kataria,
Advocate for the applicant.
Mr. Vibhu Raj Jhanji, Advocate for respondents no.1 and 2.
….
RAJIVE BHALLA, J (Oral)
Prayer in this application is for transfer of civil suit titled as
“Sohan Lal Jhanji and another V. Rekha Jhanji and others” pending in the
Court of Sh.Ranjeev Kumar, Civil Judge (Junior Division) Jagraon, to any
other Court of competent jurisdiction at Chandigarh.
The applicant has put forth a claim for transfer of the suit, on
the ground that respondent no.2 (the plaintiff) is a practising advocate at
Jagraon. Two of his sons are practising advocates, one at Jagraon and the
other at Ludhiana. It is further asserted that respondent no.1’s son is a
practising advocate at Ludhiana. The applicant, therefore, apprehends that
in view of their influence at Jagraon, she would not be able to effectively
defend the suit at Jagraon. It is further asserted that the applicant has retired
as a Professor from Panjab University, Chandigarh and her husband is still
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serving as a Professor at the said University. She has no one to help her in
her litigation and travelling to Jagraon on each and every date, to defend her
suit, would cause serious inconvenience to the applicant in her defence of
the above suit. It is also submitted that a part of the suit property is situated
at Chandigarh and in case the suit is transferred to Chandigarh, it would be
transferred to a Court that has jurisdiction to entertain the suit.
Counsel for the respondents, however, asserts that there is no
presumption, whether in fact or in law that merely because the respondents
are advocates or their children are advocates, practising at Jagraon and
Ludhiana, they would be in a position to exercise influence over Courts or
prevent the applicant from effectively pursuing her defence. It is submitted
that the applicant has retired as a Professor from the Panjab University and
is, therefore, an educated lady, aware of her rights and, therefore, cannot
raise a plea that she would be hampered in defending the suit at Jagraon. It
is further submitted that the applicant is pursuing the suit through her
counsel and has filed an application for striking off pleadings in the plaint
and, therefore, counsel for the applicant to contend that the applicant is
hampered in her defence, is a mere ruse to seek transfer to the place of her
residence i.e. Chandigarh. It is, therefore, prayed that the application for
transfer be dismissed, as it is devoid of any merit.
I have heard learned counsel for the parties, perused the
pleadings, as also the written arguments submitted by counsel for the
respondents.
I find no reason to accept the prayer for transfer of the suit.
The mere fact that the respondents are advocates or their children are
advocates practising at Jagraon and Ludhiana, are by themselves
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insufficient to transfer the case. In the absence of any substantial allegation
or any overt act that may give rise to a reasonable apprehension that the
applicant would be impaired in her defence at Jagraon, or would be denied
justice, the applicant’s prayer, based upon an unfounded apprehension,
cannot be accepted. While considering a prayer for transfer, a Court cannot
arbitrarily transfer a case so as to suit the convenience of one party or the
other. The applicant is an educated lady, who retired as a Professor from the
Panjab University and is already defending another suit at Jagraon. A suit
filed in a Court of competent jurisdiction cannot be transferred on the mere
whim of a party.
In view of what has been stated herein above, the prayer for
transfer of the suit is declined and the present application is dismissed.
At this stage, counsel for the applicant states that an alternative
prayer for transfer of the suit to Ludhiana may be considered. Such a prayer
would fall within the jurisdiction of the District Judge, Ludhiana and the
applicant may, if so advised, file an application in accordance with law.
21.10.2008 (RAJIVE BHALLA) GS JUDGE