ADITYA NATH JHA Vs. INDU SHEKHAR JHA

JUDGEMENT

(1.) The plaintiffs filed a suit for partition of their half-share along with the defendants No. 7 and 8 against other defendants in the Court of the Subordinate Judge, Ranchi. The defendant No. 3 has filed this application under Sections 22 to 24 of the Code of Civil Procedure, (herein after referred to as 'the code') for transfer the said Partition Suit from Ranchi to Sharsa.

(2.) A copy of the plaint of the suit has been annexed to this application. From perusal of the plaint, it appears that Chandra Shekhar Jha and Indu Shekhar Jha are sons of late Raghunath Jha of village Satarwar, P.S. Mahishi, District Saharsa. The said Indu Shekhar Jha and his two sons are plaintiffs and his two other sons are defendants No. 7 and 8 and Chandra Shekhar Jha and his sons are defendants 1 to 6. The other defendants No. 9 to 17 are the purchasers. Both immovable and movable properties under partition have been detailed in Schedules B to H of the plaint. The properties, except these in Schedule and item I in Schedule- F, at Ranchi and Patna respectively, are at Saharsa.

(3.) According to defendant No. 3, the ancestral home of the parties is in Saharsa District and majority of the individual parties reside there. The greater part of the properties under partition are situated in the said district and only a small piece of land standing in the names of plaintiff No. 2 and defendant No. 3, representing the aforesaid two branches is at Ranchi. As such, the plaintiffs acting malafide have filed the suit at Ranchi with an object of harassing the defendants. Prayer has, therefore, been made to transfer the suit from Ranchi to Saharsa for the convenience of the parties concerned.