JHARNA DAS Vs. PRASANTA KR. DAS

JUDGEMENT

(1.) This is an application under Sec. 24 of the Code of Civil Procedure filed by Sm. Jharna Das alias Jharna Boral, the defendant in Title Suit No. 5/2000 of the Court of Civil Judge, junior division, Garbeta for an order transferring the said suit from the said Court to any Court of the district of Barasat.

(2.) The grounds on which the transfer has been sought are that the petitioner being the wife of the O.P. resides in the residence of her father as a destitute and to attend the Court at Garbeta on each date of hearing will involve extra expenditure which she has no means to meet and thus if she has to contest the suit at Garbeta Court it will be imposing some extra monetary burden on her poor father's shoulder and secondly the O.P. and his parents enjoy substantial political clout in and around Garbeta and the petitioner is apprehensive that the judicial process of the suit may not be conducted impartially, inasmuch as, her witness would decline to travel such a distant place to depose on her behalf and further there will be every chance of the witnesses being influenced or coerced by the O.P. or his family members. The third ground is that the O.P. being accompanied by the members of his family has started reflecting his ferocious image and the petitioner is afraid of going to Garbeta Court to contest the suit lest she should be physically assaulted by the O.P.'s men.

(3.) So far as the second ground is concerned, the fear of the petitioner that her witnesses may be influenced by the O.P. and the members of his family, if they go to Garbeta Court does not appear to be of substance. If the witnesses are susceptible of being influenced so easily by the other side, then they may be so influenced even at the venue of trial of the petitioner's choice. Moreover, transfer of a case from its original natural jurisdiction on such a flimsy ground will not be justified.