Decided on October 03,2001

Usha Sahani Respondents


P.C.VERMA, J. - (1.)HEARD Sri Sharad Sharma, learned counsel for the peti­tioner as well as Sri Arvind Vashistha, learned counsel for respondents 1 and 2.
(2.)THIS petition under Section 24 of the Code of Civil Procedure has been filed by the applicant seeking transfer of suit No. 55 of 1997 pending for adjudi­cation before the Civil Judge (Sr. Divi­sion), Nainital. The transfer of the suit has been sought on the ground that the suit was filed before the Civil Judge (Sr. Division), Nainital prior to the creation of District-Udham Singh Nagar. After crea­tion of District-Udham Singh Nagar, it was declared as separate Sessions Divi­sion under Criminal Procedure Code and notification was issued with regard to Civil Cases under the Bengal, Agra and Assam Civil Courts Act, 1887. After is­suance of aforesaid notifications the ju­risdiction to try the cases arising out in the territorial jurisdiction of District ­Udham Singh Nagar lies with Civil Ses­sions Court, Udham Singh Nagar.
Learned counsel for the respond­ent submitted that he has no objection to transfer the suit. He also submitted that direction was also issued by this court on 15.2.2000 to decide the suit within six months but despite the aforesaid di­rection the suit has not been decided on account of several adjournments sought by the petitioner of this petition.

(3.)CONSIDERING the facts and circumstances, I direct the District Judge, Nainital to transfer Civil Suit No. 55 of 1997 from the Court of Civil Judge (Sr. Division), Nainital to the Court of Civil Judge (Sr. Division), Udham Singh Nagar, who shall proceed with the case day to day and shall not grant any frivo­lous adjournment sought by the parties and shall decide the case within three months from today.

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