Judgment:
Rathore Poonam 2014.02.19 11:14 I attest to the accuracy and integrity of this document IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.557 of 2013 (O&M) Date of Decision:- 12.02.2014 Manju ....Petitioner(s) versus Sunder ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE MAHESH GROVER *** Present:- Mr.Balraj Gujjar, Advocate, for the petitioner.
*** MAHESH GROVER, J.
(Oral) The petitioner prays for transfer of the proceedings in Civil Suit No.252 of 2013 titled as 'Sunder versus Manju and otheRs.pending in the Courts at Panchkula to the Court of competent jurisdiction at Bhiwani.
Notice of motion was issued but the respondent despite service has not come present.
Learned counsel for the petitioner contends, with reference to the civil suit itself, that the address given by the plaintiff-respondent-Sunder is of Bhiwani and the petitioner also resides at Bhiwani.
It is his contention that if both the parties are residing at Bhiwani, then where was the occasion for the respondent-Sunder to come and file the suit at Panchkula.
That apart, he has pleaded that it is extremely difficult for the petitioner to come to the Courts at Panchkula to attend the proceedings as she is a poor labourer and working on a brick-kiln to earn her livelihood.
Rathore Poonam T.A.No.557 of 2013 (O&M) -2- 2014.02.19 11:14 I attest to the accuracy and integrity of this document Since there is no representation on behalf of the respondent, the averments made in the petition have gone uncontroverted.
The convenience of the parties is one of the valid considerations to be kept in mind while transferring the proceedings from one place to another.
Finding that the petitioner is a poor labourer and working on a brick-kiln to sustain herself and also noticing the nature of suit that has been filed by the respondent and further noticing the fact that the respondent- Sunder himself is a resident of Bhiwani, I am of the opinion that the proceedings in Civil Suit No.252 of 2013 titled as 'Sunder versus Manju and others”.
pending in the Court of Civil Judge (Senior Division).Panchkula, deserve to be transferred to the Court of competent jurisdiction at Bhiwani.
Ordered accordingly.
Petition stands allowed.
February 12, 2014 ( MAHESH GROVER) poonam JUDGE