1. Petition for transfer of a civil suit under Section 25 of the Code of Civil Procedure, 1908. (Para 2 )
Back
Next 
2021 Supreme(SC) 1053
SUPREME COURT OF INDIA
Abhay S. Oka, J.
Supreme Court Middle Income Group Legal Aid Society - Petitioner
Versus
Vidyasagar – Respondent
Transfer Petition(s)(Civil) No.640 of 2019
Decided On : 03-12-2021
Important Points
The Supreme Court exercised its power under Section 25 of the Code of Civil Procedure, 1908, to transfer a civil suit from Ludhiana to New Delhi, ruling that continuing proceedings in the original court would cause prejudice to the petitioner, a Legal Aid Society.
Subject
Transfer of Civil Suit - Jurisdiction and Convenience
Act Referred
Headnote
Civil Procedure Code, 1908 – Section 25 – Petitioner is Supreme Court Middle Income Group Legal Aid Society – Prayer in this petition under section 25 of Code of Civil Procedure, 1908 is for transfer of a Civil Suit filed by respondent against petitioner in court of Learned Single Judge, Senior Division, Ludhiana to Patiala House Court, New Delhi – Office report records that respondent has been duly served – None has filed appearance for respondent, when this petition came up before this Court, following order was passed – Held, Notwithstanding grant of opportunity, respondent has not appeared and contested petition – Court have perused annexures to petition including plaint – My attention is invited to paragraph 11 of plaint in which respondent claims that Court at Ludhiana has jurisdiction – Considering object for which the petitioner society has been established, continuation of proceedings in Court of Ludhiana will cause prejudice to petitioner which is Legal Aid Society established for providing Legal Aid to middle income group – Therefore, a case is made out by passing an order of transfer – Transfer Petition is allowed.
Legal Category Hierarchy
Table of Contents
2. Petitioner submits that defending the suit in the current jurisdiction is extremely inconvenient for the members of the society. (Para 2 )
3. Continuing proceedings in the current jurisdiction would cause prejudice to a society established for providing legal aid to the middle income group. (Para 4 )
4. Transfer of a suit is permissible where the continuation of proceedings in the current jurisdiction causes prejudice to the party. (Para 4 )
5. Transfer petition allowed; civil suit transferred to the competent court in New Delhi. (Para 5 , 6 )
6. When can a court order the transfer of a civil suit under Section 25 of the Code of Civil Procedure?
A court may order the transfer of a suit if continuing the proceedings in the current jurisdiction would cause prejudice to the petitioner, taking into account the object for which the petitioner was established. (Para 4 )
7. Can a transfer petition be decided if the respondent fails to appear despite being served?
Yes, the court may proceed to allow a transfer petition if the respondent does not appear and contest the petition notwithstanding the grant of opportunity. (Para 2 , 3 , 4 )
ORDER :
1. Heard the learned counsel appearing for the Petitioner.
2. The petitioner is the Supreme Court Middle Income Group Legal Aid Society. The prayer in this petition under section 25 of the Code of Civil Procedure, 1908 is for transfer of a Civil Suit filed by the respondent against the petitioner in the court of the Learned Single Judge, Senior Division, Ludhiana to Patiala House Court, New Delhi. The Office report records that respondent has been duly served. None has filed appearance for the respondent. On 20th May 2020, when this petition came up before this Court, following order was passed:-
“Mr. Raju Ramachandran, learned senior counsel, appearing on behalf of the petitioner-society, submits that the respondent has filed the suit, the transfer of which is asked for, before the Court of Civil Judge, Senior Division, Ludhiana, for refund of three times of Rs. 8,500/-paid as legal fee plus Court Fee of Rs. 225/-and litigation cost of Rs. 5,000/-plus compound interest. His submission is that the sum of Rs. 8,500/-was deposited with the Legal Aid Society in the year 2009 for instituting a writ petition and subsequently certain other cases were also filed on his behalf. However, submission of Mr. Raju Ramachandran is that the Society is inclined to refund the original sum deposited but it would be extremely inconvenient for members of the Society to defend the suit in Ludhiana.
As the respondent is not before me, in my opinion, some more time may be given to enable him to put his appearance in this proceeding.
Let hearing of this petition stand adjourned by a period of sixteen weeks.
The interim order passed on 15.4.2019 to continue until further orders.”
3. Notwithstanding the grant of opportunity, the respondent has not appeared and contested the petition. I have perused the annexures to the petition including the plaint. My attention is invited to paragraph 11 of the plaint in which the respondent claims that the Court at Ludhiana has jurisdiction.
4. Considering the object for which the petitioner society has been established, continuation of proceedings in the Court of Ludhiana will cause prejudice to the petitioner which is the Legal Aid Society established for providing the Legal Aid to the middle income group. Therefore, a case is made out by passing an order of transfer.
5. The Transfer Petition is allowed.
6. C.S. No. 1184 of 2019, titled “Vidyasagar vs. Supreme Court Middle Income Group Legal Aid Society, pending before the court of Civil Judge, Senior Division, Ludhiana,” shall be transferred to the appropriate competent Court in the Patiala House Court, New Delhi.
