ORDER:

This Transfer Civil Miscellaneous Petition is filed by the petitioner/defendant, under Section 24 of Code of Civil Procedure (in short C.P.C.) seeking transfer of O.S.No.498 of 2021 from II Additional Junior Civil Judge Court, Eluru, West Godavari District to Additional Judicial First Class Magistrate at Vizianagaram or any other Court in Vizianagaram Town.

2. The case of the petitioner/defendant in brief is that the respondent filed O.S.No.498 of 2021 on the file of II Additional Junior Civil Judge Court, Eluru against her on the basis of promissory note dated 04.04.2021 for Rs.15,00,000/- wherein he also filed I.A.No.100 of 2021 seeking conditional attachment of her property wherein she received attachment notice before judgment and summons on 21.12.2021 as suit was posted to 19.01.2022. The main contention of the petitioner is that she is house maker she has no business transaction with the respondent and she has not borrowed any debt from the respondent but the respondent with the instigation of others filed suit creating cause of action within the jurisdiction of Eluru though she is residing at Vizianagaram and her properties are situated at Vizianagaram. The petitioner submits that the supporter of the respondent filed case against her in C.C.No.304 of 2021 on the file of Additional Judicial First Class Magistrate, Vizianagaram. It is also the contention of the petitioner that she is having threat in the hands of the respondent if she attends the Court at Eluru. She prays to allow the petition.

3. The respondent/plaintiff filed counter affidavit denying the averments in the affidavit of the petitioner. It is the contention of the respondent that the petitioner having borrowed money from him filed petition with false averments. He submits that as per Section 20 of C.P.C he is entitled to file suit where cause of action arises wholly or in part, as the petitioner borrowed money and executed promissory note within the jurisdiction of Junior Civil Judge Court, Eluru, where he filed suit O.S.No.498 of 2021 wherein he sought for attachment of properties of the respondent. It is also the contention of the respondent that grounds for seeking transfer of case are not tenable. He prays to dismiss the petition.

4. The petitioner also filed reply affidavit stating that as per Section 20 of C.P.C suit has to be filed where defendant is residing or cause of action arises for filing the suit. She submits the respondent is litigant who filed many suits and cheque bounce cases pending before the Courts at Eluru having political support, due to that, petitioner is apprehending danger to her life, if she attends the Court at Eluru.

5. I have heard learned counsel for the petitioner Ms. P.Saraswathi, as well as learned counsel for the respondent Mr.

C.Venkaiah.

6. The learned counsel for the petitioner would submit that though petitioner is resident of Vizianagaram, respondent has created promissory note with the help of another person filed false suit before Junior Civil Judge Court, Eluru. She would further submit that no part of cause of action arose within the jurisdiction of Junior Civil Judge Court, Vizianagaram as admittedly petitioner is residing at Vizianagaram and immovable property of petitioner is also situated within the jurisdiction of Vizianagaram. It is the contention of the learned counsel for the petitioner that the respondent is a chronic litigant who filed many suits before the Courts at Eluru, due to that, petitioner is having threat to her life if she attends the Court at Eluru. She argued that petitioner being a woman, not in a position to travel from Vizianagaram to Eluru to put forth her defence in a suit filed by the respondent. She prays to allow the petition.

7. The learned counsel for the respondent would submit that plaintiff is dominoes litmus, due to that, petitioner cannot direct the respondent to chose the forum to file a suit and as per Section 20 of C.P.C suit can be filed where cause of action or part o