NIGAM FILMS Vs. INDIAN BANK

JUDGEMENT

(1.) The present application under section 24 of the Civil Procedure Code is at the instance of the defendants 1 and 2 in a Mortgage Suit filed by the Indian Bank the opposite party No. 1. In this application the petitioners have prayed for transfer of the suit from Kendrapara to Cuttack.

(2.) The Indian Bank filed the said Mortgage suit on May 3, 1985 over a claim of Rs. 4,64,196.24 and other reliefs. It appears from the order-sheet that the hearing of the suit was concluded and the judgment was reserved as far back as on August 16, 1993 (Order No. 123). However, in view of an interim order of stay granted by this Court on August 19, 1993 in Civil Revision No. 172 of 1993 judgment could not be delivered on the date fixed and it is waiting at that stage.

(3.) In the application the petitioners have sought for transfer of the suit from Kendrapara to Cuttack mainly on the ground of convenience of the petitioner No. 2, who is an old and ailing man of about 72 years of age. Other grounds are vague and abstract statements without any supporting material. The grounds are mentioned mainly in paragraphs 8 and 9 of the application which are quoted below :