JITENDRA SINGH Vs. BHANU KUMARI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench. Respondent No. 1 had filed application in terms of Section 24 of the Code of Civil Procedure, 1908 (in short the 'CPC') seeking transfer of Civil Case No.41/202/05 titled Jitendra Singh v. Smt. Bhanu Kumari & Ors. pending before the District and Sessions Judge, Alwar, Rajasthan to some other Court. By the impugned order the High Court directed that the suit in question to be transferred from the Court of Additional District Judge No.2 Alwar to the Court of District Judge, Jaipur City.

(3.) Learned counsel for the appellant submitted that this is yet another attempt to deny the appellant of his legitimate entitlement. It is pointed out that in an earlier petition (Transfer Petition (C) No.1105 of 2005 titled Maharaja Sewai Tej Singh v. Jitender Singh & Ors.) this court declined to accept the prayer for transfer. But keeping in view the age and the state of health of the petitioner in that case, directed appointment of a Guardian ad litem. It is pointed out that in fact as has been noted by the High Court, a learned counsel has been appointed as guardian ad litem. It is the stand of the appellant that the reason which weighed with the High Court to direct transfer is really of no consequence, more particularly in view of what has been stated by this Court in the earlier Transfer Petition.