IMPORTANT POINT
The court reaffirmed that transfer of cases under Section 24 of CPC requires compelling reasons, especially when trials are at an advanced stage.

ORDER :

B Syamsunder, J.

I have heard learned counsel for petitioner Mr.Haranadha Raju Katta, as well as, learned counsel Mr.Y.Ramesh, representing on behalf of Mr.Madhava Rao Nalluri, learned counsel for respondent.

2. This petition is filed by the petitioner under Section 24 of Code of Civil Procedure (in short, ‘CPC’) seeking transfer of O.S. No.69 of 2021 pending on the file of Principal Senior Civil Judge, Ongole of Prakasam District, to Senior Civil Judge Court, Sattenapalli of Guntur District, on the ground that now she is residing in her parents house at Sattenapalli Town of Guntur Judicial District.

3. The petitioner submits that respondent filed O.S. No.69 of 2021 on the file of Principal Senior Civil Judge, Ongole of Prakasam District, basing on forged promissory note on the ground that it has been executed by her mother-in-law on 17.01.2019 by borrowing Rs.15,00,000/- (rupees fifteen lakhs) from the respondent. It is also the contention of the petitioner that she is the only legal heir of her mother-in-law by name Smt.G.Devi, who died on 21.05.2021, due to covid-19 and her father-in-law and her husband were also died during covid-19 pandemic period. The main contention of the petitioner is that her mother-in-law was a government employee died due to covid-19 and to knock away retirement benefits of her mother-in-law, respondent herein is no other than brother of her mother-in-law forged the promissory note dated 17.01.2019 and filed suit. The petitioner submits that she is financially weak and depending upon her parents, due to that, she is not in a position to travel a distance of 175 Kms from Sattenapalli Town to Ongole Town and she is also not having any male assistance and if she attend the court at Ongole, respondent being a male person may threaten her. She prays to allow the petition.

4. The learned counsel for petitioner would submit that petitioner is the daughter-in-law of Smt.G.Devi, who died on 21.05.2021, due to covid-19 and after her death, the respondent who is no other than brother of Smt.G.Devi, forged the promissory note dated 17.01.2019 for Rs.15,00,000/- (rupees fifteen lakhs) and filed suit pending on the file of Principal Senior Civil Judge Court, Ongole of Prakasam District, wherein petitioner filed her written statement. He would further submit that now the petitioner is residing in her parents house at Sattenapalli Town and she has no source of income to bear travel and stay expenses to put forth her defence in a false suit filed by the respondent with an intention to knock away the properties and death benefits of mother-in-law of the petitioner. He prays to allow the petition.

5. The learned counsel representing the respondent would submit that respondent filed suit basing on promissory note dated 17.01.2019 against the petitioner being legal representative of deceased borrower sought decree against the estate of deceased, wherein petitioner engaged a counsel and filed written statement. He would further submit that in O.S. No.69 of 2021 pending on the file of Principal Senior Civil Judge Court, Ongole of Prakasam District, trial has been commenced wherein plaintiff’s side evidence already closed and the case is coming up for the cross-examination of petitioner as D.W.1. It is the contention of learned counsel for respondent that when the trial of the suit already commenced, which is at the advanced stage of hearing, request of the petitioner to transfer the case cannot be considered. He prays to dismiss the petition.

6. Now the point that emerges for consideration of this Court is:

“Whether there are grounds to transfer O.S. No.69 of 2021 on the file of Principal Civil Judge Court (Senior Division), Ongole of Prakasam District, to Civil Judge Court (Senior Division), Sattenapalli of Guntur District?”

7. Point: Before going to the merits of the case, it would be beneficial to quote Section 24 of CPC, which reads as under:

“24. General Power of transfer and withdrawal:-

(1) On the application of any