AI Structured Summary
Not yet generated for this judgment
Judgment
Learned counsel for the petitioner Mr. Sunil Beniwal submits
that by virtue of the order dated 09.11.2017, two suits, being Civil
Original Suit No. 73/2014 and No.75/2014, have been ordered to
be transferred to the Court of Additional District Judge, Sojat,
whereas petitioners'' suit, being Civil Original Suit No. 11/2017, is
still continuing with the Court at Jaitaran.
In backdrop of the aforesaid facts, learned counsel for the
petitioner seeks to lay challenge to the order dated 09.11.2017
passed by the learned Additional District Judge, Sojat (Pali) under
Section 24 of the Code of Civil Procedure.
Mr. Sunil Beniwal submitted that the petitioner''s predicament
is that all the three suits were connected, out of which, two stand
transferred to the Court at Sojat, whereas petitioner''s suit, being
Civil Original Suit No. 11/2017, is still pending at Jaitaran and the
Presiding Officer thereof is proceeding in the matter.
The submission of Mr. Beniwal, in any case does not affect
the legality of the order dated 09.11.2017, which in the facts of
the present case is justified.
The writ petition is, therefore, dismissed.
However, the petitioner may move appropriate application in
the Suit No. 11/2017 pending before the Court at Jaitaran, for
transfer of the said suit (No.17/2017) to the Court at Sojat, so
that the same may be heard along with the aforesaid suits (Nos.
73/2014 & 75/2014).
It is required of the petitioner to move appropriate
application before the District Judge, Pali for transfer of the Civil
Original Suit No. 11/2017, to the Court at Sojat. The petitioner
may do so within a period of 15 days from today, while placing a
copy thereof before the Court at Jaitaran. It is expected of the
learned District Court to decide such application, if any filed,
within a period of one month thereafter.