ANIL KUMAR Vs. VIJAY DEVI

JUDGEMENT

(1.) THIS application under Order47 C.P.C has been filed for review of the judgment dated 17-7-1997, passed by a learned single Judge of this Court in MJC No. 746 of 1992(Smt. Vijay Devi v. S.NP. Srivastava and Ors.), whereby Title (Partition) Suit No. 151 of 1991 (Radha Prasad v. Kapildeo Narain and Ors.) was directed to be transferred from the Court of learned Sub-ordinate Judge-IV, Siwan, to the Civil Court, Patna, to be tried by a Court of competent jurisdiction to be assigned by the learned District Judge, Patna.

(2.) THE suit had been instituted by Radha Prasad (deceased) for partition of the suit property. Smt Vijay Devi, wife of the said Kapildeo Narain, is one of the defendants in the suit who filed the said MJC No. 746 of 1992 in this Court under Section 24 read with Section 151 CPC to transfer the same from the Siwan Court to Patna Court, inter alia, on the ground that Radha Prasad, the plaintiff, was a leading lawyer at Siwan and, therefore, lawyers of the choice of Smt. Vijay Devi were not willing to accept her brief against him. THE transfer was also sought on the ground that one Parimal Kumar (defendant No. 7), a lawyer at Siwan and a member of the Vigilance Committee of the Civil Court has considerable influence in the Bar Association as a result of which she (Smt. Vijay Devi) had not been able to engage a lawyer of her choice. Notices had been issued to all the opposite parties who entered appearance through their Counsel. As stated hereinabove, the same was allowed by this Court by a learned single Judge of this Court by judgment dated 17-7-1997, and the suit has been transferred to the Patna Civil Court.

(3.) NOTICES have not been issued to the opposite parties. However, O.P. No. 1 (Smt. Vijay Devi) has entered appearance and is represented by Mr. K.N. Choubey, who opposes this application. O.P. Nos. 2 to 12, (namely, Dr. S.N.P. Srivastava, Anand Bihari Shrivastav, Prabhat Kumar Shrivastav, Smt. Shail Srivastav, Smt. Usha Rani Verma, Smt. Malti Devi, Smt. Sita Shrivastav, Pankaj KUmar, Pratik Kumar, Prashant Kumar and Asha Rani), have also entered appearance and are represented by Ms. Sangita Laha who has supported the petitioners. They have, however, been heard at length.