LIAQAT ALI DAR AND ANR. Vs. MUNIR AHMED

JUDGEMENT

(1.) This civil revision petition is filed against the order passed in transfer application No. 13/Misc by the Additional District Judge Ramban dated 15.12.2003, transferring the suit filed by the plaintiff for permanent injunction before the Court of Munsiff Banihal on the alleged ground that the non applicants No. 1 to 4 in the transfer application are influential persons and no lawyer in Banihal is willing to appear on behalf of the applicant due to which he is unable to defend the suit in the Court of Munsiff, Banihal. The said transfer application was allowed and the suit was transferred from Munsiff Court Banihal to the Court of Munsiff at Ramban.

(2.) The contention of the revision petitioners is that as per Sec. 24 of the Code of Civil Procedure, Svt. 1977 (1920 A.D.), the transfer of a case from one Court to another could be ordered by the District Judge alone and the order of the Additional District Judge Ramban transferring the case that too without hearing the revision petitioners is against law. It is also the contention of the petitioners that the plea that Advocates are not coming forward to appear on behalf of the respondent is imaginary and without any basis as it has not been mentioned as to whether the transfer applicant had approached any Advocate at Banihal who refused to defend him.

(3.) Heard Mr. O.P. Thakur learned counsel for the petitioners as well as Mr. P.N.Goja learned counsel for the respondent.