Petitioner applied for transfer of a revocation case pending at Sealdah to City Civil Court, Calcutta, where other related title suits were pending. The court granted transfer to prevent conflicting judicial decisions.
Revocation case no. 2 of 2020 transferred to the court of learned Chief Judge, City Civil Court, Calcutta within three weeks.
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12.12.2022 182 Ct. no. 652 sb
C.O. 1119 of 2022
Sri Prabir Das Vs. Sri Sanjib Kumar Das
Mr. Ramesh Ch. Paul Ms. Riya Dutta …for the Petitioner
Opposite party is not reprsented.
This is an application under Section 24 of the Code of Civil Procedure seeking transfer of Revocation case no. 2 of 2020 arising out of probate case no. 16 of 2012 presently pending before learned District Delegate at Sealdah to the learned Chief Judge, City Civil Court, Calcutta.
It is submitted that there is one testator in respect of three wills executed by deceased Rani Bala Das. It is further submitted that other three matters being title suit no. 1176 of 2012, L.A. no.10 of 2018 and revocation case no. 1 of 2022 between the same parties are pending before the learned City Civil Court, Calcutta for disposal. The petitioner submits that unless the aforesaid case is transferred from the court at Sealdah to the City Civil Court, Calcutta where the other three matters are pending, there is serious chance of conflict of judicial decisions and as such he has sought for aforesaid transfer.
2
Having considered facts and circumstances of the case and that other three proceedings are pending before the City Civil Court, Calcutta where both the parties would be required to attend and that if the transfer as sought for by the petitioner be not allowed, there is a chance of conflicting judicial decisions, I find that this is a fit case where the prayer made by the petitioner, is allowed.
In view of above, learned District Judge, South 24 parganas, Alipore is hereby directed to withdraw the Revocation no. 2 of 2020 arising out of probate case no. 16 of 2012 presently pending before learned District Delegate at Sealdah and to transmit the same to the court of learned Chief Judge, City Civil Court, Calcutta within a period of three weeks from the date of communication of the order.
The Chief Judge, City Civil Court, Calcutta or any other transferee court as would be ordered by learned Chief Judge shall serve fresh notice upon both the parties intimating the next date of hearing before proceeding further with the aforesaid proceeding.
The department is directed to send a copy of the order to the learned District Judge, South 24 parganas and learned City Civil Court, Calcutta at the earliest.
Accordingly, C.O. 1119 of 2022 is disposed of.
3
Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Ajoy Kumar Mukherjee, J.)
1 issue framed by the court
Whether the Revocation case no. 2 of 2020 arising out of probate case no. 16 of 2012 pending before District Delegate at Sealdah should be transferred to the Chief Judge, City Civil Court, Calcutta.
1 provisions across 1 enactments
Sri Prabir Das
Sri Sanjib Kumar Das
Ajoy Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
