[1] The present application has been filed by the applicant for transfer of Regular Civil Suit No.22/2009 pending in the Court of Principal Civil Judge, Siddhpur, District : Patan to the competent Court of Principal Senior Civil Judge at Palanpur, District: Banaskantha.
[2] The facts of the present case are that the applicant married with the respondent. The some dispute arose between the applicant and respondent and, therefore, she is presently residing at Siddhpur with her parents. Thereafter, filed Regular Civil Suit No.22/2009 pending in the Court of Principal Civil Judge, Siddhpur, District: Patan.
[3] Learned advocate for the applicant submitted that when the applicant realized, after three years, that the Siddhpur Court has no jurisdiction to entertain the petition, the applicant prayed before said Court to transfer the proceedings. He submitted that looking to the provisions of jurisdiction, the provisions of Civil Procedure Code is to apply as there is no provision of jurisdiction in the Hindu Adoption and Maintenance Act, 1956 and if that is taken into account, the Court at Siddhpur would not have jurisdiction as the respondent is residing in the area of Palanpur. He urged that this Court may exercise the power and transfer the aforesaid proceedings from Siddhpur to Palanpur.
[3] Having considered the averments and submissions made by learned advocate for the applicant, I am of the view that such direction is misconceived as after a period of three years, the applicant to rectify her mistake has filed aforesaid application. It will also prejudice to the rights of the respondent to file application under Order 7 Rule 11 of the Civil Procedure Code. In that view of the matter, it will be open for the applicant to move transfer application or to file appropriate proceedings to return to the proper court for want of jurisdiction. This Court is not exercising the powers to entertain this application and hence, the application deserves to be dismissed. The application stands dismissed accordingly.
[ K. S. JHAVERI, J. ] vijay Top