AJI KUMAR. P.J Vs. DIVYA. C

JUDGEMENT

(1.) The prayer in this petition is to review and recall the impugned judgment dated 2.2.2018 rendered by this Court in Transfer Petition (Civil) No.11 of 2018 and to rehear the said Transfer Petition (Civil).

(2.) Heard Sri.Nirmal.V.Nair, learned counsel appearing for the review petitioner/respondent in Tr.P.(C) and Sri.B.Mohanlal, learned counsel appearing for the respondent in the R.P./petitioner in the Tr.P.(C).

(3.) The prayer in the Transfer Petition (Civil) filed under Section 24 of the Code of Civil Procedure was for orders from this Court, so as to transfer Annexure-A4 O.P.No.997 of 2017 filed by the husband before the Family Court, Pathanamthitta to the Family Court, Kottarakkara, where three other matters are already pending between the parties. The said prayer has been allowed as per the impugned judgment dated 2.2.2018, which is now sought to be reviewed and recalled as per the prayers in the present review petition. Tr.P.(C) No.11 of 2018 was admitted by this Court on 5.1.2018 and notice by speed post was duly served on the respondent and he had not entered appearance and had not thus filed counter affidavit to the averments and prayers raised in the said Transfer Petition. The excuse now projected by the review petitioner/respondent in the Tr.P.(C) is that though he was served with notice in the Tr.P.(C), he could not produce the original of the power of attorney for filing vakalath as the said original was with the Family Court, etc.