LAWS(ORI)-2003-4-18

MAMTA MANJARI SANIBIGRAHA Vs. DEBENDRA PRASAD SANIBIGRAHA

Decided On April 04, 2003
MAMTA MANJARI SANIBIGRAHA Appellant
V/S
DEBENDRA PRASAD SANIBIGRAHA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This revision is directed against the order passed by learned District Judge, Balasore on July 18, 2002 in Misc. Case No. 17 of 2002, a proceeding under. Section 24 of the Code of Civil Procedure, 1908 (in short 'the Code'). After service of notice on the opposite party he has not appeared to contest the Civil Revision Petition.

(3.) Petitioner is the respondent and the opposite party is the applicant in Title Suit No. 750 of 2001 instituted for the relief under Section 9 of the Hindu Marriage Act, 1955. That suit has been instituted and pending in the Court of Civil Judge (Senior Division). Balasore, Inter se relationship between the petitioner and the opposite party as the wife and husband is not in dispute. When the suit was posted for peremptory hearing, as noted in the impugned order, an application for transfer of the suit was moved in the Court of District Judge, Balasore. After hearing both the parties, learned District Judge rejected that application under Section 24 of the Code for transfer of the suit from the Court of Civil Judge (Senior Division), Balasore to the Court of Civil Judge (Senior Division) at Bhadrak.