Rekha Jhanji Brar, It would be necessary to emphasise that a suit filed before a court of competent...

8/3/2019 Rekha Jhanji Brar, It would be necessary to emphasise that a suit filed before a court of competent jurisdiction cannot be transferred on the ground of mere in

1/3

Civil Revision No.3740 of 2009 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Revision No.3740 of 2009

Date of Order: 23.07.2009

Rekha Jhanji Brar ....Petitioner

Versus

Sohan Lal and others ..Respondents

CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA

Present: Mr. Sumet Mahajan, Senior Advocate withMr. Sham Lal Bhalla, Advocatefor the appellant

RAJIVE BHALLA, J (Oral).

The petitioner challenges an order dated 19.05.2009, passed by

the District Judge, Ludhiana, dismissing her application for transfer of the

case titled as Sohan Lal Jhanji V. Rekha Jhanji and others, pending before

the Civil Judge (Junior Division), Jagraon to a court of competent

jurisdiction at Ludhiana.

The petitioner is defending a suit filed at Jagraon. Alleging that

plaintiff no.2 and his sons are practising Advocates at Jagraon, the

petitioner filed Transfer Application No.204 of 2008 titled Rekha Jhanji v.

Sohan Lal and others before this Court praying that the suit be transferred

from Jagraon to Chandigarh. The transfer application was dismissed by

holding that in the absence of any specific allegation against the lawyers

and the Presiding Officer the petitioner could not be permitted to choose

her forum. Liberty, however, was granted to file an application before the

District Judge, Ludhiana for transferring the civil suit from Jagraon to

Ludhiana. The petitioner filed an application for transfer of the suit from

Jagraon to Ludhiana, which has been dismissed by the District Judge,

Ludhiana.


2/3


I have heard counsel for the petitioner and do not find any reason

to accept the prayer made in the revision petition. The order passed by the

Ld. District Judge, Ludhiana, does not suffer from any error of jurisdiction. It

would be necessary to mention here that the distance between Jagraon

and Ludhiana is less than 30 Kms. and in view of the expansion of the city

of Ludhiana, Jagraon is more of a suburb of Ludhiana. The petitioner is a

resident of Chandigarh and, therefore, would not suffer any inconvenience

whether she has to travel to Ludhiana or Jagraon. It would be necessary to

mention here that the petitioner had filed a petition for transfer of another

suit from Jagraon to Chandigarh on the ground that relatives of the

respondents are advocates practising at Jagraon. The transfer petition

was dismissed, vide order dated 21.10.2008. An extract from the

aforementioned order reads as follows:-

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 insufficient to

transfer the case. In the absence of any substantial

allegation of 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


3/3


jurisdiction cannot be transferred on the mere whim or

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.

The District Judge has considered the prayer for transfer in its

entirety and having found no reason to transfer the case from Jagraon to

Ludhiana dismissed the application. It would be necessary to emphasise

that a suit filed before a court of competent jurisdiction cannot be

transferred on the ground of mere inconvenience. The argument that the

appellant's advocate has to travel from Ludhiana to Jagraon is irrelevant on

account of the negligible distance between the two cities. The submission

that the respondents are residents of Ludhiana and, therefore, the suit be

transferred to Ludhiana cannot be a ground to transfer the suit to Ludhiana.

As the impugned order does not suffer from any error of jurisdiction or of

law, I find no reason to interfere.

Dismissed.

July 23, 2009 (RAJIVE BHALLA)nt JUDGE

Rekha Jhanji Brar, It would be necessary to emphasise that a suit filed before a court of competent...

Documents

Transcript of Rekha Jhanji Brar, It would be necessary to emphasise that a suit filed before a court of competent...