High Court of Punjab and HaryanaTA/54/2019dismissed

Reshma Rani v. Amrik Singh

2019-07-11Mr. Justice Harminder Singh Madaan2 pages

T.A. No. 54 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 54 of 2019 DATE OF DECISION :- July 11, 2019 Reshma Rani ...Applicant

Versus

Amrik Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. M.K. Dhot, Advocate for the applicant.

Mr. Aditya Dassaur, Advocate for the respondent. *** Applicant Reshma Rani, residing at Sangrur has filed the present application for transfer of civil suit titled as 'Amrik Singh versus Reshma Rani' pending in the Court of Civil Judge (Jr. Division), Phagwara to the Court of competent jurisdiction at Sangrur. In the application, the applicant has given details of the events with regard to the parties initially having good relations, which got strained later on and respondent filing the civil suit claiming damages from her just as a tool of harassment. According to the applicant, she being a lady, it is difficult for her to travel from Sangrur to Phagwara to attend the dates of hearing in the Court there, covering a distance of about 150 kms on one side especially when she does not have any source of income. The application is being resisted vehemently by filing written PARVINDER SINGH 2019.07.12 16:33 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 54 of 2019 reply on behalf of respondent praying for its dismissal. I have heard learned counsel for the parties besides going through the record.

The only ground taken in the application is that the applicant is a woman, having no source of income and it is difficult for her to travel from Sangrur to Phagwara to attend the dates of hearing in the Court there. These reasons can certainly not form basis for acceptance of application for transfer of the case. The nature of proceedings is in the form of a civil suit where personal appearance of the parties is not required and they can appear through their counsel or authorised agent(s). Under the circumstances, there is no cogent and convincing reason for acceptance of the application. The application is without merits and is dismissed accordingly.

(H.S. MADAAN) JUDGE July 11, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.07.12 16:33 I attest to the accuracy and integrity of this document Chandigarh