Patna High CourtC.R./53/2017dismissed

Mantun @ Lala Shashi Bhushan Prasad Singh v. Suchit Kumar Singh And ORS

2017-05-10Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.53 of 2017 IN Miscellaneous Jurisdiction Case No. 2331 of 2016 =========================================================== Mantun @ Lala Shashi Bhushan Prasad Singh son of late Aghori Singh @ Kaushal Kishore Prasad Singh, resident of village & Post Office-Nawkothi, P.S. Nawkothi, sub Division-Bakhri, District-Begusarai at present c/o Raj Kumar Singh, New Professor Colony, Dinkar Nagar, P.S.-Begusarai Town, District-Begusarai. .... .... Petitioner/s

Versus

1. Suchit Kumar Singh son of late Chandramauli Singh.

2. Amit Kumar.

3. Sumit Kumar, both are minor son of Suchit Kumar Singh, under the guardianship of their father Suchit Kumar Singh, all are resident of village& post office-Nawkothi, P.S. Nawkothi, Sub Division-Bakhri, District-Begusarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Dhar Jha, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 10-05-2017 Heard Mr. Jha, learned counsel for the petitioner. Learned counsel for the petitioner has submitted that the suit filed against the petitioner has been transferred before the court of Sub Judge-Bakhri. It has been contended that the co-sharer of the petitioner has transferred the land to the criminal who had threatened the petitioner and therefore the petitioner has cause of action for making the prayer for transfer of the suit from the court of Sub JudgeBakhri to another competent court in Begusarai.

Patna High Court C.R. No.53 of 2017 dt.10-05-2017 After considering the submissions and perusal of the materials on record as well as the impugned order by which the learned District Judge-Begusarai has turned down the prayer of the petitioner, this Court finds that the perception in the mind of the petitioner of threat by the purchaser alleging him to be criminal, cannot be a ground for transfer of the suit from Sub Judge-Bakhri to another competent court. The petitioner has got the remedies in law, if such threat, in fact, exists. This Court, therefore, is not inclined to accept the prayer for transfer of the suit as prayed. The revision application is, accordingly, dismissed. (V. Nath, J) Devendra/- U