Supreme Court Of India
ASHOK BHAN AND DR. A.R. LAKSHMANAN, JJ.
PREMLATA SINGH AND OTHERS - Petitioners
Versus
RITA SINGH - Respondent
Transfer Petitions (C) Nos. 137-38 of 2003,
Decided on February 21, 2005
Civil Procedure Code, 1908, Section 25 - Transfer of proceedings from Patna to Delhi - Supreme Court holding that no case made out for transfer of case- However
Since the petitioner no.1, namely, was under treatment for kidney failure and the petitioners apprehend danger to their lives at Patna, directions issued that if a request is made for being examined at Delhi through a Court Commissioner, such a request shall be granted. [Para 1]
ORDER
1. In our view a case for transfer of the title suits being Suits Nos. 100 of 1996 and 1 of 1997 from Patna to Delhi is not made out. But, keeping in view the facts and circumstances of the case, particularly the fact that Petitioner I, namely, Premlata Singh is under treatment for kidney failure and the petitioners apprehend danger to their lives at Patna, it is directed that if a request is made on their behalf for being examined at Delhi through a Court Commissioner, such a request shall be granted. The petitioners shall bear the expenses of the Court Commissioner.
2. These transfer petitions are disposed of accordingly.
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