Jasbir Singh v. Sandeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.242 Date of Decision: 11.09.2025 JASBIR SINGH AND OTHERS ....Applicants

Versus

SANDEEP SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Gursimran S. Bawa, Advocate for the applicants.

Respondent proceeded against ex parte vide order dated 27.08.2025.

***** ARCHANA PURI, J. (Oral) The applicants have filed the present application for seeking transfer of the civil suit i.e. CS/160/2024, titled 'Sandeep Singh Vs. Jasbir Singh and others', filed by the respondent, pending in the Courts at Bholath, District Kapurthala and she seeks transfer of the same to the Court of competent jurisdiction at Amritsar.

In pursuance of notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte.

Counsel for the applicants heard.

At the very outset, it is submitted by the counsel for the applicants that the respondent is neighbour of the applicants and is permanent resident of Amritsar. However, he has filed a false suit in the Courts at Bholath. Furthermore, counsel submits that it is only a money dispute between the parties and only to settle this score, the respondent had filed the suit for permanent injunction and that too, at a place, which is at a far off distance, from his permanent residence. As such, it is submitted that the suit has been filed, only as a tool of harassment. In view of the submissions aforesaid, it is pertinent to mention that copy of the suit, which is sought to be transferred, has been placed on record as Annexure P-1. Perusal of the same reveals that the plaintiff therein, has mentioned about his address of Amritsar and has more specifically stated that presently, he is residing at Bholath, District Kapurthala. In view of the aforesaid, it cannot be concluded that he is only residing at Amritsar, at this stage.

Furthermore, it is submitted that there is a money dispute between the parties, relating to which false suit for permanent injunction has been filed by the respondent.

However, this Court while dealing with the transfer application, cannot make any observation, with regard to falsity of the suit and whether the same has been filed as a tool of harassment or not. In the given circumstances, if the applicants have any grievance, with regard to version put forth by the respondent and also, with regard to the jurisdictional objection, they can always raise the said objection, before the Court

concerned, who shall consider it, in the light of the material coming forth. But anyhow, before this transfer roster, there is no material coming on record, to establish about the respondent, only to be residing at Amritsar, more particularly, when both the addresses have been given in the head note of the suit.

Apart from the aforesaid, no other reason has been assigned for seeking transfer of the suit. As such, there is no merit in the application. Hence, the transfer application is hereby dismissed. (ARCHANA PURI) 11.09.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No