DILIPBHAI AMBALAL PATEL Vs. BHUPENDRABHAI AMBALAL PATEL

JUDGEMENT

(1.) By way of present application, the applicant herein has challenged the order passed by learned Principal District Judge, Ahmedabad (Rural) in Civil Misc. Application No. 340 of 2022 dtd. 17/12/2022 and further prayed that the proceedings of RCS No. 188 of 2016 to be transferred to the learned Civil Court, Ahmedabad (Rural) conducting Special Civil Suit No. 119 of 2016.

(2.) Heard Mr. Manish Patel, learned advocate appearing for the applicant and Mr. Harsh Gajjar, learned advocate appearing for the respondent.

(3.) The present applicant is the original plaintiff who has filed Regular Civil Suit No. 188 of 2016 challenging the Will executed by his father Late Shri Ambalal Pursottambhai Patel wherein the mother and the elder brother are defendants. In the said Civil Suit being Regular Civil Suit No. 188 of 2016, the applicant herein preferred an application being Civil Misc. Application No. 340 of 2022 before the Principal District Judge and Sessions Court under Sec. 24 of CPC for transfer of the said suit in question. Notice came to be issued and objections came to be filed by the respondent herein opposing the same. Pending the said application i.e. Civil Misc. Application No. 340 of 2016, it was placed on record of the Court below that the sister of the applicant herein has also challenged the impugned Will by filing Special Civil Suit No. 119 of 2016 which is pending adjudication before the Chief Judicial Magistrate and Additional Senior Civil Judge, Ahmedabad (Rural). Placing reliance on the same, it was submitted that both the civil suits being Regular Civil Suit No. 188 of 2016 and Special Civil Suit No.119/16, the subject matter is Will, which is in question, which was executed by learned father Shri Ambalal Pursottambhai Patel. The learned trial Court while considering the application filed by the applicant by order dtd. 17/12/2022, rejected the same below Exh-15 on the ground that the applicant in the application below Exh-1 i.e. CMA No. 340/2022, sought for transfer of the proceedings, raising the grievance that the concerned Court was fixing the matter on short dates and the concerned Court has refused to consider the Medical ground of the applicant's advocate and proceeded the matter in hasty manner which has caused prejudice to the applicant herein. The Court below, considering the aforesaid ground, held that it was the duty of the party to remain present before the Court and also held that the applicant himself is the plaintiff in Regular Civil Suit No. 188/2016 and seeking relief from the Court of law. The concerned Court had adjourned the matter on short dates, is not a good, valid and legal ground to transfer the case under the provisions of Sec. 24 of the CPC.