Ramesh Kumar vs Satya Parkash Sharma and Others

Jaswant Singh, J.—Plaintiff by filing the present application u/s 24 CPC is seeking transfer of his civil suit no. 272/2012 for specific performance from the Courts at Narnaul to an adjoining district on the ground that one of the respondents is a practicing Advocate at Narnaul. Counsel for the petitioner heard.

It is not in dispute that the trial is at the stage of recording of evidence of the defendants. It is also not in dispute that there are 22 defendants impleaded in the present case by the plaintiff. It is also not disputed that on identical grounds the plaintiff had approached this Court earlier and his transfer application was dismissed vide order dated 4.7.2012 and the said order was upheld by Hon''ble the Supreme Court vide order dated 14.10.2012. The Hon''ble Supreme Court while disposing of the matter had directed the trial court to curb the tendency of procrastinating the case. It is not the case of the plaintiff that trial court is unnecessarily delaying the matter. In this view of the matter, no case for interference u/s 24 CPC is made out. Hence the present transfer application is dismissed with a costs of Rs. 10,000/- to be deposited with the District Legal Services Authority, Narnaul within two months from today. The trial court shall ensure that the costs are deposited by the plaintiff.