Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 627 of 2019 Petitioner :- Pankaj Kumar Respondent :- Ompal Singh And Another Counsel for Petitioner :- Bhuvnesh Kumar Singh,Jitendra Singh
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 1.10.2018 passed by the District Judge, Bijnor for rejection of the transfer application No.334 of 2018 (Pankaj Kumar v. Om Pal Singh), whereby he has refused to transfer the Original Suit No.880 of 2011 (Om Pal Singh v. Dharam Pal Singh & Anr.) pending in the Court of Civil Judge, (Senior Division)/F.T.C., Bijnor to the outlying court of Civil Judge, (Junior Division), Najibabad, on the plea that the jurisdiction of the Civil Judge, (Junior Division), Najibabad, has now been raised. The plea taken in the transfer application is that both the parties to the suit reside in Tehsil Najibabad, District Bijnor and that the applicant is a practising Advocate in the outlying Court of Najibabad.
It is admitted that on the date of institution of the suit, the pecuniary jurisdiction lies with the Civil Judge, (Senior Judge), Bijnor.
In the said scenario, for the mere plea that the pecuniary jurisdiction of the Civil Judge, (Junior Division), Najibabad has now been raised, during pendency of the instant suit, the decision taken by the Distirct Judge cannot be erred. Moreover, the District Judge has recorded that the petitioner is adopting dialatory tactics and the transfer application has been moved in order to delay the disposal of the suit. After a period of seven years, there was no justification of the prayer of the petitioner/defendant, to seek transfer of suit.
For the aforesaid, the present petition is found devoid of merits and hence dismissed.
Order Date :- 22.2.2019 Jyotsana