SEHDEV SINGH Vs. REENA JASROTIA & ANR

JUDGEMENT

(1.) The petitioner/applicant has filed a Civil Transfer Application under Section 24 of the Code of Civil Procedure, wherein he has craved the indulgence of this Court in directing the transfer of civil suit, titled Reena Jasrotia vs. Sehdev Singh, pending in the Court of Sub Judge, Samba, to any other Court of competent jurisdiction at Jammu, on the grounds inter alia, that the deceased Devinder Singh alias Devinder Kumar, the husband of respondent/non-applicant No.1, namely, Mst. Reena Jasrotia and the son of the applicant/petitioner with whom she was married, died in an accident on 14.12.2005, and the deceased at that moment was residing with his parents. He was working as a Constable in the Jammu and Kashmir Police and was posted in Jammu Zone, and, therefore, the cause of action to file the suit did not accrue at Samba, where the suit has been filed. The petitioner/applicant has proceeded to state that the respondent/non- applicant No.1 is openly claiming that she would get the case decided in her favour as she wields influence in the corridors of power and can exert influence on the Presiding Officer of the Court also where the case is pending. It has further been stated by the petitioner/applicant that he has a reasonable apprehension in his mind that he would not get justice from the Court where the case is pending and even the Presiding Officer directed him to resolve the matter amicably, which strengthens his belief that he will not get a fair trial from the Court where the case is pending.

(2.) On the other hand, the non-applicant No.1 has resisted and controverted the petition of the petitioner/applicant by stating that the claim of the petitioner/applicant that no cause of action to file the suit has arisen at Samba is belied on the face of it. This averment on the strength of the documentary evidence placed on record is misleading and deserves to be set aside. He has further pleaded that this Court in a celebrated judgment titled 'Mst. Aisha Begum v. Ali Mohammad Rather' has held that the transfer of the case on the ground that the Presiding Officer is biased is unwarranted and such an assertion cannot be invoked in aid of seeking the transfer of the petition.

(3.) In the Parawise report filed by the Presiding Officer of the Court of Sub Judge, Samba, he has stated that no issue has been struck regarding the cause of action in the suit. He has denied that he ever exerted any influence on the petitioner/applicant to enter into a compromise with the other side. He has also stated that these facts are a figment of imagination and the case is ripe for arguments.