important point
If on relevant considerations the Court feels that the plaintiff or the defendant is not likely to have a ‘fair trial’ in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order.

Headnote:Code of Civil Procedure, 1908 – Section 24 – Power to transfer a case must be exercised with due care, caution and circumspection – If on relevant considerations the Court feels that the plaintiff or the defendant is not likely to have a ‘fair trial’ in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order – High Court, without considering the materials on record and without recording any reason/ground, passed the impugned order transferring the case – Liable to be set aside. (Paras 14 and 17)
       (1979) 2 SCR 378; (1990) 1 SCC 4 – Relied upon.
       Facts of the case:
       1.Kandi Friends Educational Trust was set up for establishing professional educational institutions with prominent educationists and industrialists of the State of Punjab on September 24, 1997. It is the case of the appellant that Gurcharan Singh, her husband was the Founder Chairman of the Trust whereas the appellant was a Trustee along with the Founder Chairman.
       2.In 1998, certain new trustees were inducted including one B.S. Randhawa. In September, 2002, Gurcharan Singh was again elected as the Chairman of the Trust. B.S. Randhawa and his wife Hardev Kaur raised protest against the said election.
       3.On June 21, 2003, Gurcharan Singh was murdered. B.S. Randhawa, who was one of the Trustees, was arrested as the main accused and was charged for committing murder of Gurcharan Singh.
       4.In view of death of Gurcharan Singh, election of the Chairman was again held on July 23, 2003 and the appellant was unanimously elected as the Chairperson. Ms. Japneet Kaur was nominated as trustee being daughter of late Gurcharan Singh and she also started attending meetings of the Trust.
       5.Hardev Kaur filed a suit on July 25, 2003 for a declaration that all proceedings conducted by the defendants in the Meeting dated July 23, 2003 in which the appellant was elected as the Chairperson were illegal, null and void and liable to be set aside.
       6.Only limited interim relief was granted and the plaintiff Smt. Hardev Kaur was allowed to attend meetings of the Trust. Other interim reliefs were expressly refused.
       7.Hardev Kaur and B.S. Randhawa filed the present suit in October, 2003 in the name of Kandi Friends Education Trust through its so-called General Secretary Jaspal Singh.
       8.On June 4, 2005, one more suit was filed by Jaspal Singh for declaration and permanent injunction against the appellant. In interim injunction, only status quo was ordered to be maintained by the Court.
       9.Jaspal Singh also filed a transfer application in the District Court, Ropar for transfer of suit from the Court of Smt. Asha Kondal to the Court of Shri A.S. Garewal, which was, however, dismissed as withdrawn.
       10.On November 2, 2006, the Trust filed an application in the High Court of Punjab & Haryana being for transfer of Suit No. 506 of 2003 pending in the Court of Smt. Asha Kondal, Sub-Judge, (Sr. Dvn.), Ropar ‘to any other Court of competent jurisdiction in Chandigarh or in the State of Haryana’.
       Findings of the Court:
       The impugned order suffers from the defect of non-consideration of materials on record and non-application of mind.
       Result : Appeal allowed.

judgment

C.K. Thakker, J. —

1.Leave granted.

2.This appeal is directed against the judgment and order dated November 17, 2006 in Civil Miscellaneous No. 22108 CII of 2006. By the said order, the High Court of Punjab & Haryana transferred Civil Suit No. 506 of 2003 from the Court of Smt. Asha Kondal, Civil Judge (Sr. Dvn.), Ropar to the Court of Sh. Y.S. Rathore, Additional Civil Judge (Sr. Dvn.), Chandigarh.

3.Short facts giving rise to present appeal are that Kandi Friends Educational Trust (‘Trust’ for short) was set up for establishing professional educational institutions with prominent educationists and industrialists of the State of Punjab on September 24, 1997. It is the case of the appellant that Gurcharan Singh, her husband was the Founder Chairman of the Trust whereas the appellant was a Trustee along with the Founder Chairman. In 1998, certain new trustees were inducted including one B.S. Randhawa. In September, 2002, elections were held and Gurcharan Singh was again elected as the Chairman of the Trust. B.S. Randhawa and his wife Hardev Kaur raised protest against the said election. In December, 2002, Gurcharan Singh, Chairman of the Trust sought certain amendments in the Constitution of the Trust which were approved by majority though B.S. Randhawa and Hardev Kaur opposed to such amendments. On June 21, 2003, Gurcharan Singh, Chairman of the Trust was murdered while he was taking stroll in a park along with the appellant. B.S. Randhawa, who was one of the Trustees, was arrested as the main accused and was charged for committing murder of Gurcharan Singh. F.I.R. No. 271 of 2003 was registered on the same day at Mohali Police Station. In view of death of Gurcharan Singh, election of the Chairman was again held on July 23, 2003 and the appellant was unanimously elected as the Chairperson. Ms. Japneet Kaur was nominated as trustee being daughter of late Gurcharan Singh and she also started attending meetings of the Trust. B.S. Randhawa and Hardev Kaur were obviously unhappy with the development. Hardev Kaur, hence, filed a suit on July 25, 2003 for a declaration that all proceedings conducted by the defendants in the Meeting dated July 23, 2003 in which the appellant was elected as the Chairperson were illegal, null and void and liable to be set aside. Certain other reliefs were also claimed.

In the suit, the appellant herein was impleaded as defendant No. 4. Along with the plaint, the plaintiffs filed an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) for interim relief, but only limited interim relief was granted and the plaintiff Smt. Hardev Kaur was allowed to attend meetings of the Trust. Other interim reliefs were expressly refused. Having failed to get relief sought in interim application, Hardev Kaur and B.S. Randhawa filed another suit, i.e. the present suit in October, 2003 in the name of Kandi Friends Education Trust through its so-called General Secretary Jaspal Singh. Though the appellant was duly elected as Chairperson of the Trust, she was wrongly described as Trustee and it was stated by the plaintiff that they were in-charge and in management of the Trust. A declaration was sought that the resolution dated October 14, 2003 adopted by the defendants was illegal, null and void. Consequential reliefs were also prayed.

4.On June 4, 2005, one more suit was filed by Jaspal Singh for declaration and permanent injunction against the appellant. In interim injunction, only status quo was ordered to be maintained by the Court. Jaspal Singh also filed a transfer application No. 14 of 2006 in the District Court, Ropar for transfer of suit from the Court of Smt. Asha Kondal to the Court of Shri A.S. Garewal, which was, however, dismissed as withdrawn.

5.On November 2, 2006, the Trust filed an application under Section 24 of the Code in the High Court of Punjab & Haryana being Civil Miscellaneous No. 22108 CII of 2006 for transfer of Suit No. 506 of

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2008 Supreme(SC) 55

important point If on relevant considerations the Court feels that the plaintiff or the defendant is not likely to have a ‘fair trial’ in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order.

Cases Referred (2)

important point
If on relevant considerations the Court feels that the plaintiff or the defendant is not likely to have a ‘fair trial’ in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order.