Avtar Krishan Koul vs Vijay Kumar And Others

Tashi Rabstan, J

The instant petition has been filed by the petitioner seeking transfer of the civil suit titled "Vijay Kumar vs. Ghulam Rasool Bhat and ors." pending before the court of learned Sub-Judge, Pulwama to any other court of competent jurisdiction at Jammu.

It is contended in the petition that the petitioner hails from Village Deri Harpora, District Pulwama, Kashmir and in the year 1999, at the time of migration the petitioner along with his family members as well as the respondent No. 1 who is brother of the petitioner, migrated out of Kashmir valley and he does not have any accommodation either in Srinagar or in Pulwama.

Objections stands filed on behalf of respondent No. 1, whereby he has resisted this petition on the ground that in case the suit is transferred from Pulwama to Jammu then he has to bear the expenses of the witnesses because the witnesses in this matter have to be summoned from Pulwama.

Despite service none has caused appearance on behalf of respondent Nos. 2 and 3. None has appeared on behalf of the respondents on the previous date of hearing. None appears today as well. This Court is left with no other option but to allow this petition.

Accordingly, this petition is allowed. The suit titled "Vijay Kumar vs. Ghulam Rasool Bhat and ors." pending before the court of learned Sub-Judge, Pulwama is transferred to the court of learned Sub-Judge, Jammu. However, in the event witnesses in the matter have to be summoned, the petitioner herein shall bear their reasonable road transport expenses as well as reasonable lodging and boarding at Jammu. The learned Sub-Judge, Pulwama shall transmit the entire paper book of the suit to the court of learned Sub-Judge, Jammu, who upon the receipt of the same shall issue notice to the parties and proceed further in the matter in accordance with law.

Disposed of as above.