JUDGMENT

1. The instant transfer application under Section 24 of the Code of Civil Procedure, has been filed seeking transfer of Civil Suit No.56/2020 (464/2012) (26/2014), pending before the Court of Additional District Judge No.9, Jaipur Metropolitan II, Jaipur to any other court of equivalent jurisdiction, within the province of Jaipur Metropolitan II, Jaipur.

2. Applicant-plaintiff has stated that the present civil suit for declaration, possession, damages, mandatory and permanent injunction, was instituted way back in the year 2008 and wherein after filing the written statement by contesting defendants and framing of issues, both parties have adduced their complete evidence and suit reached at the stage of final hearing. At this stage, the Presiding Officer, instead of hearing and decide the suit on merits, opined that according to valuation of suit, same should be referred to civil court having lower pecuniary jurisdiction and asked the plaintiff to move an application for this purpose. When plaintiff denied to move such an application, the Presiding Officer asked the contesting defendant No.2 to move such application. Defendant No.2, thereafter, filed application on 10.08.2021