INDRAJEET Vs. USHA SAHANI & ORS.
HIGH COURT OF UTTARAKHAND
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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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