The discretionary power of transfer under Section 24 of the Code of Civil Procedure must be exercised with extreme care and caution, and the search should be for justice.

ORDER :

1. Through the medium of the instant petition filed under Section 24 of the Code of Civil Procedure, the petitioners herein seek transfer of the civil suits titled as “Shailender Vaid Vs. Joginder Vaid and Ors.” from the court of Principal District Judge, Kathua and “Shailender Vaid Vs. Sangeeta Vaid and Ors.” from the court of Munsiff, Chenani to any other court of competent jurisdiction at Jammu.

2. The facts giving rise to the filing of the instant petition reveal that the respondent 1 herein is the son of the petitioners 1 and 2 herein and brother of petitioners 3, 4 and proforma respondent 2 herein.

3. The respondent 1 herein is stated to have filed a suit for partition before the court of Principal District Judge, Kathua with regard to the House bearing No. 179-P situated at Sector 3, Trikuta Nagar, Jammu along with a shop constructed therein the suit house besides a petrol pump run under the name and style of M/s Angad Filing Station situated at Basohli along with petrol tankers attached to the said petrol pump as also of a plot of land bearing No. 80 measuring 1.5 kanals situated at Yard 6, Transport Nagar, Narwal, Jammu.

A decree for permanent prohibitory injunction has also been sought by the plaintiff/respondent 1 herein in the said suit against the defendants/petitioners herein and proforma respondent 2 herein for restraining them and their agents from alienating the said suit property in any manner as also from raising any sort of construction thereon the suit property. Besides in the said suit, a decree for recovery of 1/5th share of the plaintiff/respondent 1 herein from the income i.e., rent received from the shop constructed at House No. 179-P supra and 1/5th share of the profit from the sale of the aforesaid petrol pump w.e.f., 14.08.2004 has also been sought.

4. It is being stated by the petitioners herein that in response to the summons issued in the said suit, they appeared before the trial court and filed written statement to the suit besides filing a counter claim.

It is being further stated that the suit filed at Kathua has been filed by the plaintiff/respondent 1 herein with the sole aim to drag the petitioners to the said suit and deliberately incorporated M/s Angad Filing Station, Basohli-the petrol pump which is not being owned by the petitioners herein.

5. It is being further stated that besides filing the aforesaid suit, the respondent 1 herein also filed a suit for declaration and injunction against the petitioner 2 herein before the court of Munsiff, Chenani being titled as “Shalender Vaid Vs. Sangeeta Vaid” qua land measuring 4 kanals falling under khasra No. 1440/644 situated at National Highway, Kud, Tehsil Chenani District Udhampur, along with construction raised thereon on the ground of adverse possession, besides seeking a decree for permanent prohibitory injunction therein for restraining the defendant from interfering in any manner into the possession of the suit property.

6. The said suit is also being stated to be contested by the petitioner 2 herein by filing a written statement as also objections to the application for interim relief wherein an interim direction earlier granted stands vacated by the said court.

It is being further stated that the said suit came to be filed by the respondent 1 herein with an aim to drag the petitioners herein being old aged persons in the said suit.

7. The fundamental grounds for the transfer of the suits in the instant petition urged by the petitioners are that the transfer of the same would meet the ends of justice besides being for the convenience of the parties.

8. Objections to the petition have been filed by the respondent 1 herein wherein the petition is being opposed and resisted.

Heard learned counsel for the parties and perused the record.

9. Before proceeding to advert to the aforesaid grounds urged in the petition by the petitioners for transfer of suits in question, it would be appropriate to refer to the relevant provisions of law in the firs