The court has the authority to transfer proceedings to a Court of Competent Jurisdiction if it deems fit based on the circumstances presented.

ORDER

1. This transfer petition has been filed seeking transfer of the proceedings in O.S. No.464 of 2008, titled as "Zafar Ali and Noreen Khan " plaintiffs vs. Dr. Nirmala G. Joseph, Ms. Florence A Lall, Mr. Abner Bishamber Lal and Mr. Avinash Ambika Lall " defendants from the Court of Civil Judge, Aligarh to a Court of Competent Jurisdiction in Delhi.

2. The petitioners, the defendants in the suit, claim threat to their life if the proceedings are to continue in Aligarh, besides lack of legal assistance in Aligarh.

3. We have considered the averments made in this regard.

4. The prayer made in the present transfer petition is opposed by the learned counsel for the respondents (plaintiffs in the suit) who has urged that threat to life as alleged by the petitioners is without any basis; that the witnesses are from Aligarh and further that Revenue officials would be required to be examined are also from Aligarh.

5. We have considered the matter. We have heard the petitioner appearing in person and the learned counsel appearing for the respondents.

6. On balancing the respective contentions, we are of the view that the present is a fit case for transfer. We accordingly direct that the proceedings in O.S. No.464 of 2008, titled as "Zafar Ali and Noreen Khan " plaintiffs vs. Dr. Nirmala G. Joseph, Ms. Florence A Lall, Mr. Abner Bishamber Lal and Mr. Avinash Ambika Lall " defendants be transferred from the Court of Civil Judge, Aligarh to a Court of Competent Jurisdiction in Delhi. The records be sent by the learned Civil Judge, Aligarh to the office of the Principal District Judge, Saket, Delhi who will assign the case to any of the Civil Judges who would be competent to hear the matter. We further direct that the learned Civil Judge to whom the case will be assigned will make all endeavour to dispose of the same as expeditiously as possible and, in any case, within a period of six months from the date of receipt of the record and shall conduct the trial on a day to day basis and take all steps in accordance with law to ensure the attendance of witnesses, etc. as may be required.

7. With the aforesaid observations, the transfer petition is allowed.