Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 576 of 2018 Applicant :- Rajendra Prasad Opposite Party :- Shiv Prasad And 2 Others Counsel for Applicant :- Mohd. Naushad Siddiqui,Arvind Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant.
This is a transfer application seeking transfer of a civil appeal filed by the applicant at Chandauli to Varanasi.
The only ground on which transfer application has been filed is that an earlier litigation between the parties, culminated in an ex parte decree in favour of the applicant. The opposite party filed an application under Order 9 rule 13 which was dismissed.
Against the order rejecting the application under Order 9, Rule 13 CPC, a revision is pending before the District Judge, Varanasi.
The suit had been instituted at Varanasi because territorial jurisdiction over the property in a suit at that point of time was at Varanasi, District Chandauli has been carved out of district Varanasi.
In my considered opinion, the territorial jurisdiction of the civil appeal sought to be transferred lies at district Chandauli. This position has not been disputed. Merely on account of pendency of other proceedings at Varanasi, I do not see any justification for transferring the appeal to Varanasi.
In any case, after the revision filed by the opposite party which is pending consideration at Varanasi, is allowed, it would necessarily entail set aside the ex parte decree. At that stage, in view of the circulars issued by the High Court and because its territorial jurisdiction would then lie in district Chandauli, even this earlier suit would have to be transferred Chandauli.
I also do not see any justification to entertain this transfer application on the ground of convenience which may be a relevant factor while dealing with matrimonial cases. Parameters for judging a transfer applications in regular suits in comprehensively different and the considerations which are relevant in matrimonial matters are not necessarily relevant in other proceedings.
In view of the above, this transfer application is dismissed.
Order Date :- 28.11.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.11.28 16:40:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad