ALP No. 21 of 2010
IN THE HIGH COURT AT CALCUTTA
Extra-Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SM.MANDIRA SAHA AND ORS.
VERSUS
SMT.SANANDA TARAFDAR AND ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 16th May, 2011.
Appearance :
Sk. Reazul Islam, Adv.,
for the petitioner.
Mr.S. Choudhury, Adv., for
the respondent nos.1 and 2.
Mr.Anshuman Chakraborty,
Adv., for the respondent
nos.3,4, 5 and 7.
Mr.Jaytosh Majumder, Adv.,
for the respondent no.8.
The Court : This is an application by one of the
defendants in a partition suit seeking transfer of the suit
to this Court. Of the several grounds cited, it is said that
since the petitioners herein are ladies who ordinarily reside
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in Calcutta it would be difficult for them to contest the
suit in Chinsurah.
It is also suggested that since there is a suit pending
in the City Civil Court relating to the business of the
family which is covered under schedule-B to the plaint
relating to the Chinsurah suit, it is desirable that the
Chinsurah suit should be transferred to Calcutta. The other
ground canvassed is that there is an application for grant of
probate pending in this Court since 2007 relating to the Will
of one Ratan Mala Saha and it is through Ratan Mala Saha that
the plaintiff in the Chinsurah suit has traced the alleged
joint properties.
None of the other parties to the suit support this
application. It is evident from the plaint relating to the
Chinsurah suit that a substantial part of the immovable
properties is in Chinsurah and Chinsurah was the natural
forum for the action. It is also evident that the scope of
the City Civil Court suit is restricted to the business
relating to the foreign liquor business and disputes in
connection therewith and may not have much of an impact on
the partition suit pending in Chinsurah. Further, one of the
petitioners as the propounder of the Will of Ratan Mala Saha
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has not taken any meaningful steps since the year 2007 for
the grant of probate by this Court.
On an application under Clause 13 of the Letters Patent,
the convenience of the petitioners is not the sole criterion;
the convenience of the other parties also have to be
ascertained. In the present case, the other parties do not
support the application for transfer of the Chinsurah suit
and it appears from the plaint relating to the suit that the
plots of land which form the subject matter of the suit are
within the jurisdiction of the Chinsurah Court.
ALP No.21 of 2010 is dismissed. There will be no order
as to costs.
Urgent certified photocopies of this order, if applied
for, be supplied to the parties subject to compliance with
all requisite formalities.
(SANJIB BANERJEE, J.)
sd/