Case Note & Summary
The applicant, Smt. Rekha Raut, the widow of late Avinash Raut and original defendant in Special Civil Suit No.166 of 2009, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of the suit from the Court of 3rd Joint Civil Judge, Senior Division, Latur, to a competent court at Nagpur. The suit was filed by the non-applicant, Shivaji Bhimrao Sapate, for recovery of Rs.3,96,000/- with interest, allegedly advanced as a loan to the applicant's husband on 30-10-2007. The loan was supported by four cheques which were dishonoured. The husband died on 4-3-2008, leading to the suit against the applicant as his legal heir. The applicant contended that she resides in Nagpur, works as a Technician in Maharashtra State Road Transport Corporation (MSRTC) at Nagpur, and has two school-going children. She argued that traveling over 600 km to Latur for each hearing would cause extreme hardship, affecting her job and her children's education. The non-applicant opposed the transfer, claiming that the cause of action arose in Latur and that the applicant had previously attended court there. The Court, after considering the submissions, found that the balance of convenience was in favor of the applicant. The Court noted that the non-applicant, being a resident of Latur, could attend court at Nagpur without the same level of hardship. The Court allowed the application, directing the transfer of Special Civil Suit No.166 of 2009 from Latur to the competent court at Nagpur. The Court also directed that the non-applicant be at liberty to file an application for reimbursement of expenses incurred due to the transfer.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 Code of Civil Procedure, 1908 - Convenience of Parties - The applicant, a widow and sole defendant, sought transfer of a recovery suit from Latur to Nagpur, citing distance of over 600 km, her employment, and her children's education. The Court held that the balance of convenience and hardship favored transfer, as the plaintiff could attend court at Nagpur without comparable difficulty. (Paras 1-5)
Issue of Consideration
Whether the suit should be transferred from Latur to Nagpur on the ground of inconvenience and hardship to the defendant.
Final Decision
The Misc. Civil Application is allowed. Special Civil Suit No.166 of 2009 pending in the Court of 3rd Joint Civil Judge, Senior Division, Latur, is transferred to the competent court at Nagpur. The non-applicant is at liberty to file an application for reimbursement of expenses incurred due to the transfer.
Law Points
- Transfer of suit
- convenience of parties
- hardship to defendant
- Section 24 CPC
