ANCHAL Vs. RAMAN KUMAR

JUDGEMENT

(1.) By way of instant petition filed under Article 227 of the Constitution of India, read with Section 24 of the Code of Civil Procedure, prayer has been made to transfer HMP No. 69/2017 titled as Raman Kumar versus Smt. Anchal from the Court of learned Additional District Judge-I, Kangra at Dharamshala, District Kangra to the Court of learned District Judge, Chamba, District Chamba, Himachal Pradesh.

(2.) Before considering the aforesaid prayer having been made by the petitioner by way of instant petition, it may be noticed that this Court, taking note of averments contained in the petition, issued notice to the respondent on 29.5.2017, returnable on 20.6.2017. However, the fact remains that respondent, who was served through his mother, failed to put in appearance on 24.7.2017, but at that point of time, this Court instead of proceeding in the matter ex parte, issued court notice returnable for 28.8.2017. Even on 28.8.2017, respondent failed to put in appearance but this Court, taking note of the nature of litigation pending before this Court, issued fresh court notice to the respondent specifically intimating therein that in case he fails to put in appearance on the next date of hearing, case shall be decided on material available on record, in his absence.

(3.) Today, i.e. 9.10.2017, respondent has not come present despite having received court order. As per report submitted by the process server notice issued by this Court was duly served upon the respondent, but despite that he chose not to come present before this Court, as such, this Court has no other option but to decide the present case on the basis of pleadings adduced on record by the petitioner as well as law on the point.