The court dismissed a transfer application seeking the relocation of a partition suit from Meerut to Ghaziabad. It held that the applicant's claim of disability and apprehension regarding the defendant's son were based on mere speculation without corroborative evidence or justification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 266 of 2018
Applicant :- Vidhichand Sharma Opposite Party :- Civil Judge (S.D.) And Another Counsel for Applicant :- Alok Sharma,Sachin Kanaujiya
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant.
This transfer application has been filed seeking transfer of a suit for partition filed by the applicant at Meerut. Transfer of this case is sought to district Ghaziabad or some adjoining district.
The suit seeks partition of a house wherein the plaintiff-applicant claims half share.
The ground of transfer is that the applicant is a disabled person.
In paragraph 6 of the affidavit filed in support of the transfer application it has been averred that the applicant is residing in district Shahjahanpur.
The only other ground for transfer is that the defendants' son is a practicing lawyer at Meerut.
In paragraph 16 of the affidavit it has been averred that since the son of the defendant is a practicing lawyer at Meerut, there exists a possibility that the case may be decided against the plaintiff on account of his sons influence.
In my considered opinion, the transfer application is based on a mere apprehension without any circumstantial or other evidence in support of apprehension.
Even otherwise, there is no justification why a person residing at Shahjahanpur should seek transfer to district Ghaziabad or some adjoining district.
Under the circumstances, this Court does not find any justification to entertain this transfer application.
The same is accordingly dismissed.
Order Date :- 29.5.2018
ANJANI KUMAR MISHRA
Priyanka
Digitally signed by ANJANI KUMAR MISHRADN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885bf64ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc71f5b0ec1e2f0938431e25dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRAReason: I am the author of this documentLocation: Date: 2018-05-29 15:24:33
2 issues framed by the court
Whether the high court district judge should transfer a partition suit filed by a disabled applicant from Meerut to Ghaziabad or an adjoining district based on apprehension of bias and residence.
Whether the apprehension of the influence of the defendant's son, a practicing lawyer in the forum district, constitutes sufficient ground for transfer.
Vidhichand Sharma
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
