MONALISA KOLEY Vs. SOURAV SASARU

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure seeking transfer of Title Suit No.204 of 2014 pending in the Court of the learned Civil Judge (Senior Division) at Uluberia, to any of the learned Court of Civil Judges (Senior Division) at Howrah.

(2.) Mr. Kushal Chatterjee, learned Advocate appearing for the opposite party/defendant, has made a preliminary objection about the maintainability of the application. He has drawn attention of this Court to an order passed on 25th April, 2017 in Misc. Case No.59 of 2016 filed by the present petitioner before the Court of the learned District Judge at Howrah. Mr. Chatterjee also submitted that once an application under Section 24 of the Code of Civil Procedure has been decided by the District Court on a given fact, the petitioner, on being refused by the District Court, cannot maintain a separate application under Section 24 of the Code of Civil Procedure before this Court on the selfsame fact. Seeking transfer of the suit the petitioner filed an application under Section 24 of the Code of Civil Procedure in the District Court and made out the following grounds for transfer :-

(3.) Such prayer was opposed by the present opposite party by filing written objection. The allegations and counter-allegations made by the parties have been dealt with by the learned Judge in his order dated 25th April, 2017 and came to a conclusion that the petitioner and the opposite party are brother and sister and their uncles, as referred to in the petition, are also uncles common to both the parties. Prior to her marriage the petitioner also used to reside in the said house where the opposite party/defendant and their uncles are residing now. That apart, the opposite party/defendant and his two uncles are Advocates of Uluberia Court. At the same time, the petitioner and her father was also a renowned Lawyer of Uluberia Court. Once upon a time, the husband of the petitioner was also an Advocate of Uluberia Court and now he has been serving in the Haldia Dock Complex and used to commute his journey from his own house. It has been pointed out in the order that, although, the petitioner is residing in her in-laws' house with two children about 10 years and 7 years of age, but both of them are studying in Kolkata. The petitioner is managing her family from her in-laws' house in Chatterjeehat.