BIBHA DEBNATH Vs. ANIL DEBNATH

JUDGEMENT

(1.) This is an application under Section 22 of the Code of Civil Procedure, 1908.

(2.) The facts briefly are that the opposite parties Nos. 1 to 4 filed M.S. No. 6/94 in the Court of the Munsiff, Hojai in the district of Nagaon for compensation for breach of contract of marriage against the petitioner and the opposite party Nos. 5 to 9. The case as made out in the plaint was that the plaintiffs are permanent residents of village Tikadarbasti under Jogijan Mouza in the district of Nagaon and the defendants are permanent residents of Dulabari in Tezpur Town in the district of Sonitpur. The plaintiff Nos. 1,2 and 3 settled the marriage of their youngest brother (plaintiff No.4) with the defendant No. 7 who was the daughter of defendant No. 1 and niece of dbfendant Nos. 2 and 3. The defendant Nos. 4. 5 and 6 are the brothers/cousins of defendant No. 7 and the defendant No. 8 was the mediator for the marriage. The marriage ceremony was fixed on 20.5.94 at Tezpur at the residence of the defendants. The plaintiff printed invitation cards and invited guests to attend the said marriage ceremony and also the Boubhat which was scheduled to be held on 22.5.94 at the residence of the plaintiffs at Tikadarbasti at Hojai. On the day of the marriage, however, the plaintiff No. 4 suddenly fainted at the residence of the defendants at Tezpur and regained his sense after 2 or 3 minutes. But the defendant Nos. 2,5 and 6 and uncle and cousins of the bride stopped the marriage ceremony on the plea that the bridegroom was suffering from 'epilepsy'. After verbal exchange between the plaintiffs and defendants, the plaintiffs left the residence of the defendants without the marriage ceremony being solemnised. The plaintiffs case is that the bridegroom (plaintiff No. 4) was not suffering any such 'epilepsy' and the 'defendants have in a malafide manner rediculed and humiliated the plaintiffs before the public and the society. The plaintiffs further case is that as a consequence of the aforesaid wrongful acts of the defendants, the plaintiffs suffered an expenditure of approximately Rs. 50,000/- in making all arrangements for the Boubhat ceremony at Hojai which had to be abundoned and although the loss suffered by the plaintiffs, pecuniary, mental and physical, was not less than Rs. 1 lakh, the plaintiffs claimed a compensation of Rs. 25,000/- from the defendants. Soon after receipt of the summons, the defendants including the present petitioner issued a notice to the plaintiffs as contemplated under Section 22 CPC for transfer of the said suit to Tezpur where all the defendants reside.

(3.) Mr. Khetri, learned counsel for the petitioner, submitted that under Section 22 CPC , where a suit can be instituted in any one, two or more Courts, the defendants after notice to the other parties may at the earliest possible opportunity apply to have the suit transferred to another Court, He further submitted that in the present case since the major pan of the cause of action arose at Tezpur the suit could be instituted at Tezpur as well. Since all the ingredients of Section 22 CPC have been fulfilled in the present case, the High Court in exercise of its powers under Sections 22 and 23 of the CPC should direct that the suit be transferred from the Court of the learned Munsiff, Hojai in Nagaon district to any competent Court in Tezpur in Sonitpur district particularly when defendants reside at Teapur.