Arti D/O Jitendra Vs Sher Singh S/O Ramswaroop Sukhadia

Instant transfer application is preferred to transfer a Civil Suit No. 203/2022 titled as Sher Singh Vs. Jitendra and Anr. Filed by respondent No.1-non-applicant in the Court of learned Civil Judge, Gangapur City, District Sawaimadhopur.

¶16

The counsel for petitioner submits that on earlier occasion, some of the cases between applicant and non-applicant No.3 filed in the jurisdiction of Gangapur City, District Sawaimadhopur, were transferred to Hindaun City, District Karauli.

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[CTA-220/2024]

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(2 of 3)

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Aforesaid contentions were opposed by learned counsel for respondents.

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During course of arguments, learned counsel for petitionerapplicant submits that only due to apprehension of threat to her life, she has sought transfer and in case, a proper police protection or attention is provided to her during her visit to the Court campus to attend the date in civil suit then she has no objection in continuance of civil suit at the Court situated at Gangapur City, District Sawaimadhopur.

¶21

Learned counsel for respondent No.1 has no objection over the same.

¶22

A perusal of order dated 22.03.2024, in Criminal Appeal No. 1796/2024 passed by Hon’ble Supreme Court of India indicate that a Regular Criminal Case No. 67/2023 titled as State of Rajasthan Vs. Yogendra pending before Gram Nyayalaya, Gangapur City, District Sawaimadhopur was transferred to Gram Nyayalaya, Hindaun City, District Karauli, at the request of present petitioner.

¶23

Similarly, a transfer application No. 108/2020 was allowed by a Coordinate Bench of this Court on 18.05.2022, wherein a petition filed by husband under Section 13 of Hindu Marriage Act was transferred from Gangapur City to Hindaun. Similarly, another Criminal Case No. 541/2021 was transferred by a Coordinate Bench of this Court on 13.02.2023 in S.B. Civil Misc. Transfer Petition No. 46/2022.

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Having considered the fact that in all aforesaid matter either the case was registered at behest of complainant-petitioner after frustration of marriage or they are related to a dispute pertaining

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[CTA-220/2024]

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(3 of 3)

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to matrimonial matters but herein, a civil suit was filed by Sher Singh for injunction against four persons including present applicant. Normally Section 16 of CPC provides that a property suit is required to be instituted, tried and disposed of by the Court having territorial jurisdiction, wherein the property is situated. Similarly, a principle is also applicable that plaintiff is master of his own suit and the plaintiff cannot be forced to travel to another jurisdiction at behest of any of the opposite party just on the pretext of a threat from any of other person. Unless, threat is well proved with a report available, on record, the Court cannot consider to transfer a civil suit.

¶28

Though, certain documents were filed by the counsel of petitioner, but looking to facts and circumstances of the case, I am of considered view that instead of transfer, it is appropriate to consider the request for providing assistance by Law Enforcing Agency during visit of petitioner-applicant to attend the Court proceeding at Gangapur City in aforesaid civil case.

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In view of aforesaid, the transfer application is hereby dismissed, but the Superintendent of Police, Sawaimadhopur is directed to ensure that as and when any police assistance is sought by petitioner during her visit to Gangapur City, District Sawaimadhopur to attend Court proceeding in aforementioned case then on her request or demand, appropriate steps be taken to ensure safety of the petitioner-applicant.

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Instant transfer application with pending application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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GAURAV /94

Arti D/O Jitendra v. Sher Singh S/O Ramswaroop Sukhadia

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Arti D/O Jitendra v. Sher Singh S/O Ramswaroop Sukhadia

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