TSHEWANG RINZING DORJEE Vs. UWENDRA THAPA

JUDGEMENT

(1.) The learned District and Sessions Judge, West Sikkim at Gyalshing has sent a letter bearing No.841/D&SJ(W) dated 09.08.2019 along with the copy of the order dated 07.08.2019 passed by her in Title Suit Case No.01 of 2019 (Shri Tshewang Rinzing Dorjee Versus Shri Uwendra Thapa @ Nordy & 4 others).

(2.) In the said order, the learned District and Sessions Judge has stated that counsel for both the parties filed applications under Section 151 of Code of Civil Procedure, 1908 (for short CPC) stating therein that the plaintiff and defendants no.1 & 2, all are residents of Gangtok, East Sikkim and as such, it will be convenient for all concerned, if the matter is taken up at Gangtok, East Sikkim, as great hardship and inconvenience is being faced by the parties in coming to Gyalshing especially during the monsoon season. It is also observed in the order that plaintiff is a senior citizen of ailing health. Hence both the learned Counsel for parties prayed that in the interest of justice and convenience of the parties the matter be referred to the High Court of Sikkim for necessary orders for transfer of the same to East District.

(3.) Considering the applications of the parties, the learned District & Sessions Judge forwarded the matter to the High Court on administrative side.