Rajaram v. Latha
Case brief
What is this about?
The High Court dismissed a transfer petition under Section 24 CPC filed by a senior citizen petitioner seeking transfer of a civil suit from Villupuram to Coimbatore. The Court held that distance and apprehension alone do not justify transfer absent material showing danger of injustice.
What did the court decide?
The application for transfer and withdrawal of the suit was dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.11.2018
Coram
THE HON'BLE MR. JUSTICE R. PONGIAPPAN
Tr. C.M.P. No.811 of 2018 and CMP.No.20020 of 2018
Rajaram Petitioner/2nd Defendant Vs. Latha Respondent/Plaintiff
Prayer: The Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure with a prayer to withdraw the O.S.No.185 of 2018 on the file of 1st Additional Subordinate Court, Villupuram and to transfer the same to the Subordinate Court, Coimbatore.
For Petitioner : Mr. Anand Subramanian O R D E R
The petitioner herein is the 2nd defendant in OS No. 185 of 2018 pending on the file of the I Additional Subordinate Court, Villupuram. The said Suit has been filed by the respondent seeking the relief to declare that the settlement deed dated 28.12.2007 by the 1st defendant in favour of the 2nd defendant is illegal, null and void and not binding. Further, seeking the relief of permanent injunction.
- Admittedly, as of now, the said suit is posted for trial after framing the issues. The grievance expressed by the petitioner is that being the senior citizen, the petitioner and the 1st defendant is not in a position to move to Villupuram for attending the case. Further, the petitioner is having apprehension to proceed the case in Subordinate Court, Villupuram. Considering the grounds raised by the petitioner, it is to be determined for proceeding the civil suit, the presence of parties is not necessary for every hearing. Only at the time of examining the witness and for giving the instructions to the advocate, the presence of party is necessary. In the said circumstances, reaching Villupuram from Coimbatore is not a difficult task to the petitioner.
Issues for consideration
2 issues framed by the court
Whether a transfer petition under Section 24 CPC should be allowed when the only ground is distance and apprehension without showing danger of injustice.
Whether a senior citizen petitioner's difficulty in traveling to the court constitutes sufficient cause for transferring a civil suit.
Parties & counsel
- petitioner
Rajaram
- respondent
Latha
Coram
R. Pongiappan
Case details
As recorded by the court registry
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