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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Sipra Das – Appellant
Versus
Sri Sri Iswar Narayan Shalgram Jew Thakur – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present application under Clause 13 of the Letters Patent has been preferred praying for transfer of the proceedings in Title Suit No.125 of 1988 pending before the learned Civil Judge (Jr. Division), 1st Court, Katwa to this Hon’ble Court by exercising of the superintending power as conferred under Clause 13 of the Letters Patent.
2. The petitioners’ predecessor filed Title Suit No.125 of 1988 praying for eviction of trespassers and recovery of possession against the defendants/opposite parties herein. In the said suit written statement has been filed.
3. The prayer for transfer in the present application has been made principally on the ground that the suit before the Trial Court is pending for last 24 years. Several civil revisions were preferred by the parties before the High Court, one of them being for expeditious disposal of the Title Suit. But even then, the suit could not be disposed of.
4. The next ground for transfer is based on convenience as the plaintiff/petitioner no.1 is a widow aged about 73 years old and stays in Kolkata. The 2nd plaintiff/petitioner resides permanently in USA and the 3rd plaintiff/petitioner resides permanently
Mere apprehension of not getting justice or extraneous affairs not connected with the issue of transfer are not sufficient grounds for transferring a case.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
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