Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 125 of 2019 Applicant :- Motilal Opposite Party :- Munni Devi And 5 Others Counsel for Applicant :- Deepak Kumar Srivastava,Bharti Mishra
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant.
The instant transfer application has been filed seeking transfer of an original suit for permanent injunction filed by the opposite party at Jaunpur.
The contention of counsel for the applicant is that the suit had been filed stating wrong facts in the plaint and in the interim injunction application. The address of the applicant was wrongly mentioned in the plaint. It has also been averred that certain other defects in the plaint have been permitted to be corrected and therefore, this shows the mala-fide intention of the Civil Judge (Senior Division), Jaunpur where the case is pending.
Upon hearing counsel for the applicant and upon a perusal of the averments made in the transfer application, I do not find any cogent ground for entertaining the transfer application.
If certain corrections have been permitted in the plaint, the same cannot, without any further facts having been averred, be said to be mala-fide conduct of the Presiding Officer.
Under the circumstances, I do not find any good ground for transfer of the suit, made out in this application.
The transfer application is, therefore, rejected.
Order Date :- 21.8.2019 Mayank Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.21 16:58:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad