SUDARSHANA DAS (HAZRA) Vs. REKHA SHAW & ANR.

JUDGEMENT

(1.) n this application under Section 24 of the Code of Civil Procedure, 1908, hereinafter called as "the Code", the petitioner has prayed for transfer of the application filed by her under Order 9, Rule 9 of the Code pending before the Court of the learned Civil Judge (Junior Division), Additional Court at Krishnagar, Nadia to the Court of the learned Civil Judge (Junior Division), Berhampore at Murshidabad.

(2.) The facts of the case giving rise to this revisional application lay in a very narrow compass and they may be briefly set out as follows.

(3.) One Krishna Ranjan Das, since deceased, filed the suit for declaration an injunction, being Title Suit No. 17 of 2010, against the opposite parties before the Court of the learned Civil Judge, (Junior Division), 1st Court at Krishnagar, Nadia which was subsequently transferred to the Court of the learned Civil Judge (Junior Division), Additional Court, Krishnagar, Nadia and renumbered as Title Suit No. 18 of 2011 (hereinafter referred as "the said suit"). The suit property is situate at Krishnagar, P.S. Kotwali, District- Nadia. However, the original plaintiff, a resident of Krishnagar, alleged that he was unable to effectively proceed with the said suit as the opposite parties, being the defendants in the said suit, threatened him and he was compelled to leave Krishnagar and started to reside at Katwa with the petitioner. During the pendency of the said suit, the original plaintiff died and the petitioner was substituted as the sole plaintiff in the said suit. Even, the petitioner was also threatened by the opposite parties and the petitioner, being a lady faced difficulty in proceeding with the said suit before the learned Court at Krishnagar. The petitioner filed an application being, C.O. No. 1027 of 2013, before this Court, under Section 24 of the Code praying for, transfer of the said suit from the Court of the learned Civil Judge (Junior Division), Additional Court at Krishnagar, Nadia to the competent Court at Berhampore. By a reasoned order dated March 25, 2013 this Court allowed the said application of the petitioner. The said suit was withdrawn from the Court of the learned Civil Judge, (Junior Division), Additional Court at Krishnagar and the records of the said suit were directed to be transferred to the Court of the learned District Judge, Murshidabad who would assign the said suit to any competent Court at Berhampore. In terms of the said order dated March 25, 2013 the said suit was transferred to the Court of the learned Civil Judge (Junior Division), Additional Court at Berhampore and the same was registered in Title Suit No. 13 of 2013. Subsequently, however, it transpired that the said suit, while pending before the Court of the learned Civil Judge (Junior Division), Additional Court at Krishnagar, Nadia, was dismissed for default on March 21, 2013 and, therefore, the petitioner filed an application under Order 9, Rule 9 of the Code, registered as Misc. Case No. 21 of 2013 before the Court of the learned Civil Judge (Junior Division), Additional Court at Berhampore. Since, the said suit stood already dismissed before passing of the said order dated March 25, 2013 by this Court, the opposite parties filed an application for recalling of the said order dated March 25, 2013. By the order dated October 31, 2014 this Court recalled the said order dated March 25, 2013 and the records of the said suit has since been re-transferred to the Court of the learned Civil Judge (Junior Division) , Additional Court, Krishnagar, Nadia.