Madan Lal v. Rakesh Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-562-2015 (O & M) Date of decision: 15.11.2016 Madan Lal ....Applicant(s) V/s Rakesh Kumar

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Harish K. Verma, Advocate, for the applicant. **** Rajan Gupta, J. (Oral) This is a petition under Section 24 of the Code of Civil Procedure seeking transfer of the suit titled as 'Madan Lal versus Rakesh Kumar' from the court at Gurdaspur to the court at co-ordinate jurisdiction at Chandigarh or Mohali.

It is urged before the court that the applicant has to undergo dialysis because of renal/kidney failure. Besides, his one leg has been amputated. He has filed an injunction suit against his brother in Gurdaspur where the property is situated. His brother is interfering in his possession and has encroached upon the property in question. As the property is situated within the jurisdiction of Gurdaspur, I find that there is no sufficient ground in the petition to transfer the proceedings to Chandigarh or Mohali.

Dismissed.

Sukhpreet Kaur 2016.11.17 14:50 I attest to the accuracy and integrity of this document

TA-562-2015 (O & M) � However, for the purpose of recording evidence of the plaintiff-applicant, he shall be at liberty to move appropriate application before the trial court for appointment of Commissioner to record his evidence. Trial court shall consider such application sympathetically and pass appropriate orders as it deems fit in accordance with law. (RAJAN GUPTA) November 15, 2016 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2016.11.17 14:50 I attest to the accuracy and integrity of this document