ORDER:— This is an application under Section 25 of the Code of Civil Procedure seeking transfer of title Suit No, 26 of 1980 (Surya Kant Sharma v. Beni Shankar Sharma) filed in the Court of Additional District Judge No. 1, at Gauhati to an appropriate Court in Calcutta. The suit is for a declaration that the deed of family settlement executed on June 9, 1978 is void, for cancellation of the same and fresh partition of the properties mentioned in the deed. The suit has been instituted by a minor who was aged about five years and five months when the suit was filed, with his mother as next friend. It appears that the deed was signed by the minors father and grandfather who have been impleaded as some of the defendants in the suit.

2. The reasons for seeking transfer of the suit as stated in the application are as follows : Petitioner 1 who is the Karta of the joint family of the petitioners is about 75 years old. The petitioners have no place of stay in Gauhati and it would be impossible for the petitioners who are all residents of Calcutta to defend the suit if it is tried in Gauhati. The deed of family settlement was executed and registered in Calcutta. Almost all who are likely to