Om Prakash Agarwala vs Berhampur Municipality

P.K. Misra, J.—This is an application for transfer of T. S. No. 29 of 1984 pending in the Court of the Civil Judge (Senior Division), Berhampur, to the Court of the Civil Judge (Senior Division), Khurda, on the ground that the petitioner is suffering from chronic heart ailment since 1981 and is not in a position to travel to Berhampur and take steps to defend the suit. It is submitted that it would be convenient for him if the case is transferred to the Court of the Civil Judge (Senior Division), Khudra. Such application has been resisted by the opposite party and it has been submitted by the counsel for the opposite party that it would cause much inconvenience to the Municipality to prosecute its suit at Khurda.

It is no doubt true that depending upon the mutual convenience of the parties, a suit can be transferred from one court to another. However, while considering the convenience of one party, the other party should not be put to inconvenience. It is obvious that many officials/persons acquainted with the fact must have been transferred/retired in the meantime and it would not be convenient for the Municipality to prosecute the suit at Khurda for which possibly it has to engage Advocate and it would also not be possible to keep track of the case and oversee matters from Berhampur if the case is transferred to Khurda. To avoid any hardship, the petitioner may appoint any Power-of-Attorney holder to look after the litigation on his behalf and if his own evidence is required to be recorded, the petitioner may file appropriate application for being examined by a Commission and I am sure that if any such application is filed, the same should be considered sympathetically by the trial court.

For the aforesaid reason, I do not find any justification to accept the prayer to transfer the suit from Berhampur to Khurda. The M. J. C. is dismissed. There will be no order as to costs.

M.J.C. dismissed.