Devanndra Ojha Vs. Ramajor Shitla Prasad Ojha & Ors  INSC 28 (13 January 1997)
RAMASWAMY, G.T. NANAVATI
O R D
E R The petitioner has filed this petition for transfer of proceedings, viz.,
Succession Application No. 43/95 along with Misc. Application No. 23/96 titled Ramajor
Shitla Prasad Ojha & Ors. vs. Shiv Kumari Devandra Ojha, pending in the
Court of Civil Judge, Senior Division, Valsad, Gujarat to the competent court of Civil Judge at Sadar District Pratapgarh
in Uttar Pradesh. We had adjourned the matter by our Order dated December 9, 1996 to find out whether the suit was
still pending or stood disposed of. It is reported that the matter is still
pending and the Civil Judge, Senior Division is yet to take up the matter.
Learned counsel for the Petitioner has stated that the Petitioner being a lady
is unable to travel from Uttar Pradesh to Valsad in Gujarat and it is a really
a great difficulty for her to meet the expenditure in that behalf. Shri Upadhyay,
learned counsel appearing for the respondents has agreed top bear the
expenditure for her travel and stay whenever she attends court. Under the
circumstances, we do not find that there is any justification for transferring
the matter to Pratapgarh, U.P. Whenever the petitioner goes to the Court, the
respondents would pay Rs. 750/- (Rupees seven hundred and fifty only) on each
occasion to the petitioner and the amount would be paid to her in advance. The
petitioner would intimate the Civil Judge, Senior Division who would direct the
respondents to pay the amount to the petitioner.
next contended that the petitioner had to engage her counsel from Surat since no advocate would be
available at Valsad where the suit is pending. We think that the apprehension
of the petitioner is not correct. The petitioner is at liberty to engage
counsel at Valsad and the counsel would give his best to the petitioner in
defending her case. If the petitioner requires any financial assistance from
the respondents, it would be open to her to file an application in the Court of
Civil Judge, Senior Division, Valsad for this purpose and the same would be
ordered by the Civil Judge. Learned Civil Judge is directed to dispose of the
application for restoration immediately and would simultaneously take up the
main matter and dispose of the same expeditiously.
transfer petition is accordingly disposed of.