The petitioner is the defendant in O.S. No. 1159/2010 on the file of the Court of the Principal Subordinate Judge of Thiruvananthapuram. The suit is one for realisation of money allegedly due under a demand promissory note. The petitioner seeks transfer of the suit to the Court of the Principal Subordinate Judge of Palakkad on the following grounds:-
i) The personal safety of the petitioner is in danger
ii) The precious time and money of the petitioner could be saved by a transfer.
iii) The petitioner being a lady finds it difficult to travel to Thiruvananthapuram.
iv) The conduct of the case at Thiruvananthapuram far away from Chennai is expensive.
2. None of the grounds mentioned above impresses me for a transfer of the suit to the Court of the Principal Subordinate Judge of Palakkad as sought. It is trite law that a Tr.P.(C) No. 173 of 2011 2 debtor should seek the creditor. Whether the amount is really due to the respondent is a matter to be decided in the suit only. The petitioner can apply to the Court of the Principal Subordinate Judge of Thiruvananthapuram for police protection. Such protection would be granted in case there is any real apprehension of danger to human life.
3. The petitioner claims to have settled down at Chennai in Tamil Nadu. The conduct of the case at Thiruvananthapuram and at Palakkad would almost be the same for her. The petitioner can as well travel to Thiruvananthapuram if she can travel alone to Palakkad. No data has been placed to hold that the conduct of the case at Thiruvananthapuram involves heavy expenditure.
4. No ground for transfer under Section 24 of the Code of Civil Procedure has been made out in the instant case. I however make it clear that the petitioner can apply for police protection in the same Court where the suit is pending. The petitioner can also apply for examining her on commission if such a necessity arises.
5. The petitioner is free to engage advocates of her choice to conduct the case at Thiruvananthapuram. The Court of the Principal Subordinate Judge of Thiruvananthapuram is Tr.P.(C) No. 173 of 2011 3 however directed to dispose of O.S. No. 1159/2010 at the earliest. Every endeavour shall be made to dispose of the suit on or before 31.10.2014 in the circumstances.
The Transfer Petition is dismissed subject to the above observation.
V.CHITAMBARESH JUDGE DCS