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2022 Supreme(All) 398

Vivek Raj Singh – Appellant
Versus
Civil Judge Junior Division Tilhar Shahjahanpur – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Subhash Vidyarthi, Sarvesh Kumar Dubey
For the Opposite Party : Gyan Singh Chauhan

JUDGMENT :

1. The instant petition for transfer has been moved under Section 24 C.P.C. with the prayer that the Original Suit bearing No. 140 of 2013 pending in the Court of Civil Judge, Junior Division, Tilhar, District Shahjahanpur be transferred from the said District to the appropriate Court in District Lucknow.

2. The learned counsel for the parties have argued the matter at length dwelling into the merits of the transfer application.

3. In brief the contention of the learned counsel for the petitioner is that the private respondents have instituted a suit for cancellation of a will before the Civil Judge Junior Division, Tilhar, District Sahjahanpur wherein the present petitioner is the defendant. It is also urged that while contesting the proceedings at Tilhar, an unfortunate incident occurred which has the effect of obstructing the course of justice, as an attempt was made by unknown persons but presumably at the behest of the respondent threatening the petitioner to stop pursuing the case.

4. It has also been pointed out that a supplementary affidavit has been filed by the counsel who had gone to argue the case and had received the threat.

5. It is also urged that after the inc

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