BENUDHAR SWAIN Vs. NILAMANI SWAIN

JUDGEMENT

(1.) Heard.

(2.) THIS is an application filed under Section 24 of the Code of Civil Procedure with a prayer to transfer C.S. No.319 of 2002 pending in. the Court of the Civil Judge (SD), Puri to the Court of the Civil Judge (SD), Angul. - -

(3.) FOR appreciating the submissions of the learned counsel, this Court perused the schedule of properties mentioned in the plaint. It appears that the property as per Lot No: 1 of the Schedule 'B' are situated at Puri; Lot Nos.2, 3, 4, 5, 6 and 12 are situated at Dhenkanal and only Lot Nos. 7, 8, 9, 10 and 11 are situated at Angul. Therefore the submission of the learned counsel for the petitioners that major portion of the disputed properties are situated at Angul cannot be accepted. In fact, major portion of the properties re situated at Dhenkanal. The other ground on which the transfer is sought is that the petitioners are old persons and it will be inconvenient for them to travel all the way from Angul to Puri to contest the suit. But then that cannot be a ground for transfer of a suit.