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2005 Supreme(Raj) 3128

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Dalip Singh, J.
Geeta Devi - Appellant
Versus
Pinkesh - Respondent
S.B. Civil Transfer Application No. 44 of 2004.
Decided On : 28-07-2005

Advocates:
For the Applicant:Vikram Singh Nain, Advocate.
For the Respondent:Naveen Dhuvan, Advocate.

Headnote:Civil Procedure Code, 1908 – S. 24 – Application for the transfer of Motor Accident Claim – applicant contended that he is unable to contest case at Deeg for the reasons in application and even the opposite party has no objection – claims transferred from Tribunals at Deeg and from Jaipur to Bharatpur.

JUDGMENT

1. - Heard learned counsel for the parties.

2. This transfer application has been moved by the applicant in which he has stated that he is unable to contest the case at Deeg on account of the reasons mentioned in the application. Learned counsel appearing on behalf of non-applicant submits that those grounds are factually incorrect. However, learned counsel for the respondent submits that respondent would have no objection to the transfer the Claim Case No. 68/2003 pending before the Motor Accident Claims Tribunal, Deeg to the Motor Accident Claims Tribunal Bharatpur. It has also been brought to my notice that applicant Smt. Geeta Devi has also filed a claim before the Motor Accident Claims Tribunal, Jaipur City. Jaipur being Claim Case No. 405/2004 for the death of her son who is the husband of non-applicant No. 1 who died in a motor accident. The prayer made is that both the claim cases may be heard and decided by the same Tribunal.

3. In view of the aforesaid, it is hereby ordered that Claim Case No. 68/2003 pending before the Motor Accident Claims Tribunal, Deeg be transferred to the Motor Accident Claims Tribunal, Bharatpur and Claim Case No. 405/2004 pending before the Motor Accident Claims Tribunal, Jaipur City, Jaipur be also transferred to the same Motor Accident Claims Tribunal at Bharatpur to be heard and decided together.

4. Both Motor Accident Claims Tribunal, Deeg as well as the Motor Accident Claims Tribunal, Jaipur City, Jaipur are directed to transmit the record of their respective cases to the Motor Accident Claims Tribunal, Bharatpur so as to reach there on or before 22.8.2005.

5. The parties are directed to appear before the said court/Tribunal on the said date. No further notice is required to be issued to the parties. However, since the other respondents have not appeared, the notices shall be issued by the Motor Accident Claims Tribunal, Bharatpur to the other respondents.The parties are directed to appear before the court of District Judge, Bharatpur on 22.8.2005. Learned Additional District Judge, Deeg is directed to transmit the record of the suit No. 130/2003 peending before him to the court of District Judge, Deeg (sic Bharatpur) forthwith.Consequently, the transfer application is disposed of. In view of the disposal of the transfer application the stay application does not survive and the same is also disposed of.Transfer application allowed.

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