SITA VERMA Vs. ASHOK KUMAR

JUDGEMENT

(1.) PETITIONER has filed this application under Section 24 of the Code of Civil Procedure to transfer civil suit titled Ashok Kumar v. Sita Verma, from Batala to Ludhiana, averring that respondent filed suit for recovery of Rs. 10,00,000/- against the petitioner that is Rs. 2,10,000/- which was paid to the petitioner through cheque No. 759773 dated January 28th, 2003 on account of sale of car, but the car was not sold by the petitioner, interest at the rate of 18% per annum accrued thereon, that is, Rs. 1,10,250/-; Rs. 2,10,000/- future interest and Rs. 6,79,750/- as damages on account of mental tension, defamation, lodging of First Information Report by the petitioner against him.

(2.) LEARNED counsel for the petitioner has contended that the respondent is brother of husband of the petitioner. The petitioner is not having cordial relations with her husband. Prior to the institution of suit by the respondent against the petitioner, she had filed a criminal case against him vide First Information Report No. 322 dated October 31st, 2005 under Sections 402 and 420 of the Indian Penal Code registered at Police Station Division No. 5, Ludhiana. The suit was filed by the respondent to harass her. Since her relations with her husband are strained, it is not possible for her to attend each date of hearing at Batala at a distance of 150 KMs. The peculiar circumstances of this case, indicated above sufficient to transfer the case.