Partly allowed

Kanwar Dalinderjit Singh v. Narayan Pal

Uttarakhand HC10 May 2013C24/9/2012

Case brief

AI extract

What is this about?

The High Court of Uttarakhand granted an application for transfer of a civil suit from Khatima to Haldwani. The court relied on safety concerns and a prior Supreme Court order, directing transfer without expressing opinion on the suit's merits.

What did the court decide?

Civil Suit No. 156 of 2010 transferred to the court of Civil Judge (Senior Division), Haldwani, District Nainital, for further proceedings and disposal.

Kanwar Dalinderjit Singh Vs Narayan Pal — Civil Procedure and Limitation | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Civil Transfer Application No.09 of 2012

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Air Marshal Kanwar Dal Inderjit Singh, PVSM, AVSM (Rted.) S/o Late Shri Jagwant Singh, R/o Inder Ashoka Farm, Gram Lauka and Gotha, Sitarganj, District Udham Singh Nagar.

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….….. Applicant/petitioner.

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Versus

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Narayan Pal S/o Late Brij Lal R/o Ambika Vihar, Nainital Road, Haldwani, District Nainital, President of Brij Anandi Memorial Education and Welfare Society, Haldwani and Nakul College of Education.

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…….. Respondent

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Mr. Lalit Sharma, Advocate, present for the applicant.

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Hon’ble Prafulla C. Pant, J.

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Heard.

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By means of this application moved under Section 24 of Code of Civil Procedure 1908, the applicant has sought transfer of Civil Suit No. 156 of 2010, Dal Inderjit Singh Vs. Narain Pal, pending in the court of Civil Judge (Junior Division) Khatima, to any competent court in District Nainital.

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No counter affidavit has been filed on behalf of the respondent even after opportunities given.

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In the transfer application supported by an affidavit, the applicant Air Marshal (Retired) Kanwar Dal Inderjit Singh has stated that the applicant is getting frequent threats in District Udham Singh Nagar, from the respondent, as several criminal cases has been got lodged by the respondent against him. It is pleaded on behalf of the applicant that the Suit filed by him before the Civil Judge (Junior Division) Khatima, be transferred to some competent court in District Nainital.

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Having heard learned counsel for the applicant and after going through the papers on record, keeping in mind the order dated 12.05.2011, passed by the Apex Court, in Transfer Petition (Civil) No. 575 of 2011, in the interest of justice, Suit No. 156 of 2010, deserves to be transferred from the court of Civil Judge (Junior Division) Khatima, to some competent court in District Nainital.

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Accordingly, the application under Section 24 of Code of Civil Procedure, 1908 is allowed, and without expressing any opinion, as to the final merits of the case, Civil Suit No. 156 of 2010, Dal Inderjit Singh Vs. Narain Pal, pending in the court of Civil Judge (Junior Division) Khatima, District Udham Singh Nagar, is transferred to the court of Civil Judge (Senior Division), Haldwani, District Nainital, for further proceedings and disposal of the Suit.

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(Prafulla C. Pant, J.)

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10.05.2013 JM

Kanwar Dalinderjit Singh v. Narayan Pal

Case brief

What is this about?

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Kanwar Dalinderjit Singh v. Narayan Pal

Case brief

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