Jasvinder Pal Singh Walia v. Ravijeet Singh Dhindsa

2023:PHHC:061532 T.A.No. 500 of 2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Transfer Application No. 500 of 2023 Date of decision: 24.04.2023 Jasvinder Pal Singh Walia ..........Petitioner vs Ravijeet Singh Dhindsa ...........Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Gulzar Mohammad, Advocate for the petitioner.

NIDHI GUPTA, J.(Oral) 1.

Prayer in this petition filed by petitioner (defendant No.2 before the trial Court) through attorney Smt. Sunita Walia is for transfer of CM No.39 of 01.04.2022 filed under Order 9 Rule 13 read with Section 151 CPC for setting aside the ex-parte judgment and decree dated 11.5.2017 in Civil Suit No.25/2015, titled as "Jasvinder Pal Singh Walia vs. Ravijeet Singh Dhindsa", decided by the learned Additional Civil Judge (Sr. Divn.), Khanna, pending in the Court of learned Additional Civil Judge (Sr. Divn.), Khanna (Punjab) to a Court of competent jurisdiction at District Ambala or Panchkula in the State of Haryana.

2. Learned counsel for the petitioner is praying for transfer of the abovesaid Civil Miscellaneous application firstly on the ground that the petitioner/defendant No.2 is litigating against Sh. Naunihal Singh Aulakh, IPS, who is presently posted as Inspector General of VIJAY ASIJA 2023.05.05 16:07 I attest to the accuracy and integrity of this document

2023:PHHC:061532 T.A.No. 500 of 2023 (O&M) Police, Amritsar, upon whose instigation several FIRs have been lodged against the present petitioner and the petitioner has also filed a Writ Petition before this Court seeking CBI inquiry regarding financial irregularities of said Shri Naunihal Singh Aulakh, IPS; and secondly, it is submitted by learned counsel for the petitioner that the husband of the learned Presiding Officer, before whose Court the case is pending, is posted as Superintendent of Police in Ludhiana and the said Sh. Naunihal Singh Aulakh, IPS being in the Police Department can influence the case.

3.

I have heard learned counsel for the petitioner and perused the petition and found no grounds to allow the present petition.

Resultantly, the petition is hereby dismissed. April 24, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned YES/NO Whether Reportable YES/NO VIJAY ASIJA 2023.05.05 16:07 I attest to the accuracy and integrity of this document