A suit should be tried in the court having jurisdiction over the subject matter and the parties involved, and the mere fact that a party is suffering from ill-health is not a sufficient ground to transfer the suit.

Headnote:
TRANSFER OF SUIT - JURISDICTION - SUIT FOR PARTITION - GROUNDS FOR TRANSFER - ILL-HEALTH OF PETITIONERS - NOT A GROUND FOR TRANSFER - SUIT SCHEDULE PROPERTIES LOCATED WITHIN THE JURISDICTION OF THE COURT WHERE SUIT FILED - TRANSFER CIVIL MISCELLANEOUS PETITION DISMISSED.
Fact of the Case:

The petitioners, defendants in a suit for partition, filed a transfer petition seeking to transfer the suit from the III Additional District Court, Rajampet, YSR Kadapa District, to the Court of Additional District Courts at Vijayawada. The petitioners claimed that the first petitioner was suffering from cancer and other ailments and was undergoing treatment at Guntur, while the third petitioner was receiving treatment for mental disability. They argued that due to their ill-health, they were unable to properly prosecute the suit at Rajampet.
Finding of the Court:

The court held that the petitioners had not made out a case for transfer of the suit. It noted that the suit schedule properties were located within the jurisdiction of the III Additional District Court, Rajampet, YSR Kadapa District, and that the petitioners' presence at the court would only be required at the time of their evidence. The court further observed that the petitioners' evidence could be recorded by following due process, such as seeking the appointment of a commissioner.
Issues: Whether the suit for partition should be transferred from the III Additional District Court, Rajampet, YSR Kadapa District, to the Court of Additional District Courts at Vijayawada on the ground of ill-health of the petitioners.
Ratio Decidendi: The court relied on the principle that a suit should be tried in the court having jurisdiction over the subject matter and the parties involved. It held that the mere fact that the petitioners were suffering from ill-health was not a sufficient ground to transfer the suit, especially when the suit schedule properties were located within the jurisdiction of the court where the suit was filed.
Final Decision: The court dismissed the transfer petition and held that the suit would continue to be tried in the III Additional District Court, Rajampet, YSR Kadapa District.

THE HON’BLE SRI JUSTICE A.V. RAVINDRA BABU TR.CIVIL MISCELLANEOUS PETITION NO.87 OF 2022 ORDER:-

The Transfer Civil Miscellaneous Petition is filed by the petitioners, who are the defendants in O.S.No.1 of 2022, on the file of III Additional District Court, Rajampet, YSR Kadapa District, with a prayer to transfer the same to the Court of Additional District Courts at Vijayawada.

2) The case of the petitioners, in brief, is that the deponent is the first petitioner, second petitioner is her daughter and third petitioner is her mentally retorted son. The respondent Nos.1 to 3 filed O.S.No.1 of 2022 before the III Additional District Court, Rajampet, YSR Kadapa District for relief of partition of “A” Schedule property and for consequential permanent injunction and for other reliefs. The deponent is suffering with Cancer along with other ailments and she is taking treatment at Guntur and it is an advanced stage. The third petitioner is also getting treatment for his mental disability. The respondents filed the suit falsely. On account of ill- health of the first petitioner and third petitioner, they are not able to properly prosecute the suit at Rajampet, Kadapa. Hence, the petition.

3) The respondent Nos.1 to 3 got filed a counter resisting the prayer of the petitioners by contending in substance that the petitioners did not make out any case for transfer of the case and that they approached this Court with all false averments and the grounds pleaded for transfer of the case are not tenable and the property is located at Rajampet jurisdiction and that the prayer of the petitioners is not tenable.

4) Now, in deciding the Transfer Civil Miscellaneous Petition, the point that arises for consideration is whether the suit in O.S.No.1 of 2022, pending on the file of III Additional District Court, Rajampet, YSR Kadapa District, is liable to be transferred to any Additional District Court at Vijayawada?

Point:-

5) The learned counsel for the petitioners would contend in accordance with the contents of the affidavit.

6) The learned counsel for the respondent Nos.1 to 3 resisted the prayer of the petitioners.

7) Respondent Nos.4 and 5 did not appear in spite of service of notice.

8) There is no dispute that as the suit schedule properties are located within the jurisdiction of III Additional District Court, Rajampet, YSR Kadapa District, the respondent Nos.1 to 3 approached the said Court in filing the suit for partition. It is to be noticed that the presence of the petitioners at Rajampet Court would only be required at the time of their evidence. Apart from this, even their evidence can be recorded by following due process by seeking appointment of Commissioner, etc. Simply, because, the petitioner Nos.1 and 3 are suffering with ill-health, it cannot be a ground to transfer the comprehensive suit for partition which is pending on the file of competent jurisdiction, to the Court at Vijayawada. The grounds pleaded by the petitioners are not tenable in my considered view so as to grant the relief. Hence, I see no reason to grant the relief.

9) In the result, the Transfer Civil Miscellaneous Petition is dismissed. There shall be no order as to costs.

Consequently, miscellaneous applications pending, if any, shall stand closed.

________________________ JUSTICE A.V. RAVINDRA BABU Dt.04.01.2023.

PGR A.V. RAVINDRA BABU THE HON’BLE SRI JUSTICE Tr.C.M.P.NO.87 OF 2022 Date: 04.01.2023 PGR

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