Inconvenience of the counsel or the ill health of family members of a litigant are not valid grounds for transferring a civil suit from one jurisdiction to another under the Code of Civil Procedure.

ORDER:

This Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC seeking transfer of O.S.No.588 of 2021 on the file of the Principal Junior Civil Judge, Khammam to any of the Junior Civil Judge’s Court at Hyderabad.

2. Heard Sri BH. Sai Mahesh, learned counsel for the petitioner and Sri Pulla Rao Yellanki, learned counsel for the respondent. Perused the record.

3. According to the petitioner, the suit in O.S.No.588 of 2021 filed for recovery of money against him by the respondent is for the sole purpose of harassing him. The petitioner’s wife is suffering with ill health resulting in back pain, loss of weight and hunched posture, particularly in the spine or hip. She is on medical advice to take personal assistance at all times. Further, the petitioner has a daughter studying 9th standard. Owing to the demands towards his wife and child, the petitioner is unable to take long distance travels. The petitioner is living in Hyderabad and taking advantage of the same, the respondent is protracting the proceedings. In the circumstances, transfer is sought.

4. The learned counsel for the respondent did not file written counter but opposed the transfer alleging that the medical record produced with respect to treatment taken by the wife of the petitioner is without any prescription.

5. Having regard to the case of both the petitioner and respondent, it is seen that the proceeding of which the transfer is sought is a civil suit filed seeking recovery of money. It is the prerogative of the respondent/plaintiff to file the suit in any jurisdiction of the court as per the requirements of Sections 15 to 20 of CPC. The jurisdiction determined as per CPC is not amenable for consideration of ill health of family members of the litigants for choosing jurisdiction. The jurisdiction is determined solely on the basis of place of cause of action and residence of the parties or location of the business establishment of the parties. The reasons cited by the petitioner seeking transfer are more in the nature of reasons considered for transfer of matrimonial proceedings.

6. When the learned counsel for the petitioner is questioned as to how jurisdiction can be changed by foregoing procedure stipulated under CPC when the presence of the petitioner in person is not required in a civil suit on every date of hearing, the learned counsel inadvertently disclosed that there is a problem with the counsel handing the petitioner’s case in Khammam and currently, he is entrusted with the task of prosecuting the case in Khammam and therefore, it is difficult for him to travel to Khammam. In that backdrop, transfer is sought.

7. The inconvenience of the counsel who resides in Hyderabad in travelling to Khammam is disguised in the form of inconvenience of the petitioner to travel to Khammam on the basis of ill health and the medical record of the petitioner’s wife. The motive behind the filing of Transfer petition is nothing but an abuse of court process. The inconvenience of the counsel to prosecute the case in some other town cannot be a ground for transfer. As such, there are no merits in the petition and the same is liable to be dismissed.

8. In the result, the Tr.C.M.P is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this petition, shall stand closed.