Allowed

Sanjiv @ Bharat and Anr. v. Krishan Kumar

Punjab & Haryana HC13 Oct 2011TA/399/2011

Case brief

AI extract

What is this about?

This court allowed a transfer application under Section 24 CPC to shift a civil suit for declaration from Kapurthala to Jalandhar. The transfer was granted to accommodate minor applicants who are students in Jalandhar and lack parental financial support.

What did the court decide?

The suit is withdrawn from Kapurthala and transferred to the court of District Judge, Jalandhar. Record to be sent within two weeks.

Sanjiv @ Bharat and Anr. Vs Krishan Kumar — Property and Title | Punjab & Haryana HC (2011)

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CM Nos. 24718-19 CII of 2011 in/and TA No. 399 of 2011 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM Nos. 24718-19 CII of 2011 in/and TA No. 399 of 2011 (O&M) Date of decision: 13.10.2011

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Sanjiv @ Bharat and another

....Applicants

Versus

Krishan Kumar

...Respondent

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Amit Dhawan, Advocate for the applicants.

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None for the respondent

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Jitendra Chauhan, J.(Oral)

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CM No. 24718 CII of 2011

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Application is allowed as prayed for.

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CM No. 24719-CII of 2011

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Application for placing on record Annexures P-3 and P-4 is

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allowed.

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Annexures P-3 and P-4 are taken on record.

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TA No. 399 of 2011

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The present transfer application under Section 24 of the Code of Civil Procedure has been filed by the applicants seeking transfer of the suit titled as 'Sanjiv @ Bharat and others vs. Krishan Kumar' from the court

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-2-

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CM Nos. 24718-19 CII of 2011 in/and TA No. 399 of 2011 (O&M)

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of learned Additional Civil Judge, Senior Division, Kapurthala to the court of competent jurisdiction at Jalandhar.

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Learned counsel contends that the respondent is not appearing before the trial Court despite service. He further refers to Annexure P-4, order dated 14.3.2011, passed by learned Additional Civil Judge, Senior Division, Kapurthala, whereby the respondent was proceeded against exparte.

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Keeping in view the above fact, this court feels that the respondent is not appearing deliberately before the Court. Hence, he is proceeded against ex-parte.

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Learned counsel further contends that the father of the applicants deserted their mother. Both the applicants are minor, son and daughter of the respondent and they are not being maintained by the respondent-father.

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I have heard the learned counsel for the applicant and perused the case file.

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From the perusal of the case file, it emerges that both the applicants are minor. Their mother died in the accident, while she was on the way to Kapurthala to attend the court proceedings. Applicant No.1 is studying in B.Com Part-I at Jalandhar. The applicants are already pursuing the execution application seeking execution of the order dated 24.10.1998, passed by learned JMIC, Jalandhar, in the petition filed under Section 125 Cr.P.C. by their mother.

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Keeping in view of the fact that the applicants are minors,

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CM Nos. 24718-19 CII of 2011 in/and TA No. 399 of 2011 (O&M)

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having no source of income, pursuing their studies at Jalandhar, it would be very difficult for them to attend the court proceedings at Kapurthala. Accordingly, the present application deserves to be allowed.

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In view of the above, the instant transfer application is allowed, the civil suit for declaration titled as ‘Sanjiv @ Bharat and others vs. Krishan Kumar' is withdrawn from the Court of learned Additional Civil Judge (Sr.Division), Kapurthala and is transferred to the court of competent jurisdiction at Jalandhar. The complete record pertaining to case in question shall be sent by the trial Court at Kapurthala, to the learned District Judge, Jalandhar, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Jalandhar will entrust it to any Court of competent jurisdiction at Jalandhar.

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The parties shall appear before the Court of District Judge, Jalandhar, on 19.11.2011 at 10 AM.

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13.10.2011 gsv

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(JITENDRA CHAUHAN) JUDGE

Sanjiv @ Bharat and Anr. v. Krishan Kumar

Case brief

What is this about?

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Sanjiv @ Bharat and Anr. v. Krishan Kumar

Case brief

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