SIPRA ROY Vs. ARUN KUMAR ROY

JUDGEMENT

(1.) By this revisional application, a wife/respondent in a suit for divorce has challenged an order passed by the learned, District Judge. North 24 Parganas by which a pending suit for divorce was transferred from the 3rd Court of Additional District Judge, Barasat to the 4th Court of Additional District Judge of that station without issuing any notice to the present petitioner. It is alleged in this application that the learned District Judge on the prayer of the opposite party transferred the suit from the 3rd Court of Additional District Judge to the 4th Court without giving the petitioner any opportunity of being heard. The petitioner after getting the knowledge of such transfer applied for certified copy of the order of transfer but the same was not furnished. She then filed an application before the learned District Judge for ascertaining the reason of such transfer but the learned District Judge refused to pass any order on such application. Subsequently from the 4th Court of Additional District Judge, the petitioner came to know that the learned District Judge by Order No. 45 -G dated March 8, 2001 has transferred the suit from the 3rd Court to the 4th Court.

(2.) On June 25, 2001, P.R. Samanta, J. entertained this application and fixed the matter for hearing as the opposite party entered appearance through his learned Advocate. His Lordship also stayed all further proceedings of the suit until further order.

(3.) On December 19, 2001 when the matter appeared before this court, Mr. Roy, the learned advocate appearing on behalf of the husband submitted that on the basis of a letter written by his client, the learned District Judge transferred the suit; but he could not produce a copy of such letter. In view of such fact, this court called for the records. From the records, it appeared that on the basis of a "confidential letter" dated March 3, 2001 the learned District Judge by Order No. 45 -G dated March 8, 2001 transferred the suit by virtue of his power under Sec. 24 of the Code of Civil Procedure. But the "confidential letter" was not there. The contents of the said letter were also not available from the aforesaid order of the learned District Judge.