JAMKHOLUN HAOKIP Vs. T.S. THURHING ANAL

JUDGEMENT

(1.) THIS Revision is directed against the order dt. 5.12.2014 passed by the learned District Judge, Manipur West in Judl Misc. Case No. 24 of 2014 arising out of OS 7/14 pending in the court of learned Civil Judge, Sr. Division, Chandel.

(2.) AN application u/s 24 of the Civil Procedure Code was filed by the present petitioners before the learned District Judge, Manipur West for transfer of OS No. 7/14 pending in the court of learned Civil Judge, Sr. Division, Chandel to some other court. The said application filed under section 24 of the Civil Procedure Code was allowed by the learned District Judge on 22.8.2014 and suit was directed to be transferred to the court of Addl. District(FTC), Manipur West. Challenging the said order dt. 22.8.2014 a Civil Revision Petition (Art. 227) No. 39 of 2014 was filed before this Court. The said Revision was disposed of on 3.11.2014 remitting the matter back to the learned District Judge for reconsideration on the ground that while allowing the application u/s 24 of the CPC on 22.8.2014, the learned District Judge had not taken into consideration objection filed to such transfer as well as reply filed to the objection and also certain documents produced by the parties. The impugned order has been passed on reconsideration of the objection, reply to the objection and the documents filed on behalf of the parties. The learned District Judge, in the impugned order, rejected the application for transfer of the case on the ground that the allegations made in the application are only apprehension and nothing has happened till today in order to have such apprehension in mind.

(3.) SO far as the present case is concerned, as stated earlier, much reliance has been placed on a document supposed to be an order passed by underground outfit. The said order was passed on 4.1.2008 by the U.G. outfit. The suit was filed in 2014. After filing of the suit, there is no such letter from any underground outfit threatening the petitioners in any manner whatsoever. Under the circumstances, we are of the view that there is no justification to transfer the case from the court of learned Civil Judge, Sr. Division, Chandel at present. However, it is made clear that in future if the petitioners face any difficulty from the side of the respondent or any underground outfit in contesting the suit at Chandel, it will be open for them to move an application u/s 24 of the Civil Procedure Code for transfer of the case.