, the petitioner sought transfer of a suit under Section 21 CPC (referred to as Section 24 in counsel's submission) on the grounds of convenience. The Court held that the petition was infructuous because the subject suit had already been disposed of by the transferor court.
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GAHC010096472021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(C)./27/2021
ARINGTA GOGOI CHETIA
W/O. SRI BIRAJ CHETIA, D/O. SRI GOKUL GOGOI, R/O. NO.2 PATIA PATHAR, P.O. BADULIPAAR, P.S. KAMARGAON, DIST. GOLATHAT, ASSAM, PIN785611.
VERSUS
BIRAJ CHETIA
S/O. LT. ARUN CHETIA, R/O. DEMOW, NA-HAT, P.O. DEMOW, P.S. DEMOW, DIST. SIVASAGAR, ASSAM, PIN-785662.
Advocate for the Petitioner : MR. M DUTTA
Advocate for the Respondent :
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
22.03.2023
Heard Mr. A. Lahakar, learned counsel appearing on behalf of Mr. M. Dutta, learned counsel for the petitioner.
Mr. Lahakar submits that the petitioner has filed this petition under Section
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24 of the CPC praying for transfer of Title Suit(M) No.18/2021 from the Court of the learned District Judge, Sivasagar to the learned District Judge, Golaghat. However, the said case has already been disposed of by the learned District Judge, Sivasagar. Accordingly, this matter has become infructuous.
Considering the submission made by the learned counsel for the petitioner, this matter stands dismissed as infructuous.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a petition for transfer of a suit under Order IV Rule 2 of CPC is maintainable when the subject suit has already been disposed of?
Aringta Gogoi Chetia
Biraj Chetia
Malasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
