JUDGEMENT
-
(1.) Leave granted.
(2.) Challenge in this appeal is to order passed by a learned
Single Judge of the Rajasthan High Court, Jaipur Bench.
Respondent No. 1 had filed application in terms of Section 24
of the Code of Civil Procedure, 1908 (in short the 'CPC')
seeking transfer of Civil Case No.41/202/05 titled Jitendra
Singh v. Smt. Bhanu Kumari & Ors. pending before the
District and Sessions Judge, Alwar, Rajasthan to some other
Court. By the impugned order the High Court directed that
the suit in question to be transferred from the Court of
Additional District Judge No.2 Alwar to the Court of District
Judge, Jaipur City.
(3.) Learned counsel for the appellant submitted that this is
yet another attempt to deny the appellant of his legitimate
entitlement. It is pointed out that in an earlier petition
(Transfer Petition (C) No.1105 of 2005 titled Maharaja Sewai
Tej Singh v. Jitender Singh & Ors.) this court declined to
accept the prayer for transfer. But keeping in view the age and
the state of health of the petitioner in that case, directed
appointment of a Guardian ad litem. It is pointed out that in
fact as has been noted by the High Court, a learned counsel
has been appointed as guardian ad litem. It is the stand of the
appellant that the reason which weighed with the High Court
to direct transfer is really of no consequence, more particularly
in view of what has been stated by this Court in the earlier
Transfer Petition.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.