IMPORTANT POINT
Court must act judicially in ordering a transfer on the application of a party.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench. Respondent No. 1 had filed application in terms of Section 24 of the Code of Civil Procedure, 1908 (in short the ‘CPC’) seeking transfer of Civil Case No.41/202/05 titled Jitendra Singh v. Smt. Bhanu Kumari & Ors. pending before the District and Sessions Judge, Alwar, Rajasthan to some other Court. By the impugned order the High Court directed that the suit in question to be transferred from the Court of Additional District Judge No.2 Alwar to the Court of District Judge, Jaipur City.

3. Learned counsel for the appellant submitted that this is yet another attempt to deny the appellant of his legitimate entitlement. It is pointed out that in an earlier petition (Transfer Petition (C) No.1105 of 2005 titled Maharaja Sewai Tej Singh v. Jitender Singh & Ors.) this court declined to accept the prayer for transfer. But keeping in view the age and the state of health of the petitioner in that case, directed appointment of a Guardian ad litem. It is pointed out that in fact as has been noted by the High Court, a learned counsel has been appointed as guardian ad litem. It is the stand of the appellant that the reason which weighed with the High Court to direct transfer is really of no consequence, more particularly in view of what has been stated by this Court in the earlier Transfer Petition.

4. Learned counsel for the respondent on the other hand submitted that taking into consideration the serious nature of the allegations made the High Court has rightly directed transfer.

5. The High Court’s conclusions based on the basis of which order of transfer has been made, read as follows :

“Having scanned the record, I noticed that the suit was transferred by the District Judge to the Court of Additional District Judge No.2, Alwar in the month of December, 2005. The petitioner although filed instant petition in this Court on August 17, 2006, did not mention this fact that the suit stood transferred from the Court of District Judge Alwar. The Petitioner stated in para 3 of the petition that the respondent Jitendra Pratap Singh is influential person and MLA of Alwar City and he has created such a situation that there is a strong likelihood of the matter pending before the District Judge being decided ex-parte against the petitioner and other members. This apprehension of petitioner, in my opinion, is baseless. The Courts are not influenced by politicians and influential persons. The petitioner should repose full confidence upon the court of justice. If ex-parte order was passed by the learned District Judge and the petitioner was aggrieved by it, she ought to have assailed it legally. Passing of ex-parte order by the Presiding Officer of the court cannot be a reasonable ground for transferring the case.

But looking to the fact that on January 8, 2006 respondent Jitendra Singh lodged FIR No. 19 of 2006 with the Police Station Kotwali Alwar against the petitioner and respondents Amar Raj Pal and Jaswant Singh and case under Sections 420, 467, 468 and 471 IPC has been registered against them and considering the overall view of the nature of the case and convenience of the parties and in the interest of justice, it would be just and reasonable to direct transfer of suit from the court of Additional District Judge No. 2 Alwar to the Court of District Judge, Jaipur City.”

6. It appears that the High Court referred to the fact that the criminal proceedings have been instituted against the appellant. It is pointed out by learned counsel for the appellant that the filing of the FIR is really of no consequence. In respect of the plaint averments, in his reply before the High Court to the transfer petition it was inter alia stated as follows :

“That the contents of sub para (xviii) are not admitted in the manner stated. The answering respondent lodged the FIR (Annexure-9) on the facts co