A second application for transfer under Section 24 CPC is not maintainable before the High Court after the District Judge has dismissed a prior application for the same relief, unless the order of the District Judge is formally challenged through appropriate revisional or constitutional proceedings.

ARCHANA PURI, J.

Applicant-Sharanjit Kaur through her attorney holder Gurcharanjit Kaur has filed the present application under Section 24 CPC, thereby, seeking transfer of the case bearing No.EXE-122-2024, pending in the Court of Civil Judge (Sr. Divn.), SBS Nagar, to any other competent Court of jurisdiction.

In the application, it is averred that the transfer application was filed by the applicant, before the Court of learned District Judge, SBS Nagar vide TA-19-2025, titled ‘Sharanjit Kaur vs. Jagmohan Singh’ and the same was dismissed on 01.09.2025. Further also, it has been averred about the transfer application to have been dismissed as the matter related to the advocates and that passing of the order clearly suggests that learned trial Court is favouring the respondents. In the transfer application, the applicant stated about her grievance, as the District Judge had not granted stay and also about the request made with the timing of making the submissions and presence of the rival parties being marked. Therein, also it was stated that son of the respondent is an Advocate practising at Jalandhar and that, with an intention to grab her property, a false agreement was prepared.

Furthermore, the applicant averred about the kind of litigation pending and also, with regard to the manner of proceeding of the said litigation. The applicant also stated about the manner of conducting of the proceedings by the Executing Court, which she allege, was not appropriate. As such, a prayer was made for the transfer of the execution petition.

In pursuance of the notice issued, the respondent made appearance through counsel and filed the detailed reply.

The attorney holder of the application as well as counsel for the respondent heard.

The attorney holder of the applicant has assiduously submitted that conduct of the Court(s) is not above board. The Court(s) indulge in favouritism towards the respondent, whose son is an Advocate. She made reference to the written arguments submitted for seeking transfer of the execution petition.

However, on the other hand, learned counsel for the respondent submitted that though detailed reply, as such, has been filed but he confines his prayer, only to question the maintainability of the second transfer application under Section 24 of the CPC, at the behest of the applicant, without challenging the order passed by learned District Judge, on the first transfer application under Section 24 CPC, filed on the same facts.

As culled out from the paperbook, initially, a suit for specific performance was filed by Jagmohan Singh against Sharanjit Kaur and money decree was passed by the Court. Being aggrieved, Jagmohan Singh had filed an appeal, which was later on withdrawn. Thereupon, Sharanjit Kaur through her attorney, filed an appeal along with an application, thereby, seeking condonation of delay, which is still pending. The decree holder also filed an execution, wherein the Court is proceeding further to execute as there is no stay order by any superior Court. It is in this context that the applicant not being satisfied with the manner of conducting of the proceedings in the execution, had filed the transfer application under Section 24 CPC, at first instance, before learned District Judge, which was dismissed vide order dated 01.09.2025, copy whereof is Annexure P-1.

It is in this backdrop, now the question arises about the maintainability of the subsequent application under Section 24 CPC before this Court. The respondent raised the question of maintainability of the same, in the light of earlier application having dismissed, while passing the detailed order.

Section 24 CPC deals with general power of transfer and withdrawl by the High Court or District Court, which is reproduced, as herein given:-

“24. General power of transfer and withdrawal.---(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without