GIAN CHAND Vs. DHEERAJ KUMAR

JUDGEMENT

(1.) This application filed under Section 22 of the Code of Civil Procedure has been filed with a prayer that civil suit titled Dheeraj Kumar v. Gian Chand and ors, pending before the learned District Judge Bhaderwah may be transferred to the Court of learned District Judge Kathua.

(2.) The basis for transfer is that father of respondent- Dheeraj Kumar has already filed a criminal complaint under Section 55 Cr.P.C against the petitioner and his wife on 02.11.2011 in the Court of Judicial Magistrate Bani District Kathua wherein the process has been issued against the petitioner. The aforesaid issuance of process has been subject matter of challenge in a petition filed under Section 561-A Cr.P.C before this Court. The copies of the criminal compliant and the petitioner filed under Section 561-A Cr.P.C have been placed on record (Annexure A and B). In the civil suit the plaintiff-respondent no.1 has sought recovery of Rs. 50,000/- as damages on account of rupturing his reputation. The suit has been filed as an indigent person (forma papus). The dispute between the parties appear to have emerged on account of arranged marriage of the daughter of the petitioner with the some of the plaintiff. The marriage did not materialize. On account of failure of arranged marriage the plaintiff-respondent is alleged to have contacted the parents of another girl of the same village. As per the allegations, the plaintiff again started mounting pressure for revival of the arranged marriage, as was agreed earlier, however, the promise was broken.

(3.) Objections have been filed and I have heard the learned counsel for the parties.