Gift House, NFW Market, Dimapur Town and Anr. v. Mohanlal Mundra and Anr.
1981-11-04
B.L.HANSARIA
body1981
DigiLaw.ai
Hansaria, J.:- By this application under Rule 35 of the Rules for Administration of Justice and Police in Nagaland read with section 24 of the Code of Civil Procedure the petitioners who are defendants 1 and 3 in Money Suit No. 1 of 1976 pending in the Court of the learned Deputy Commissioner, Zunbeboto, have prayed for transfer of the case to the Court of the Additional Deputy Commissioner, Dimapur or to the Court of the State-level Deputy Commissioner at Kohima. The suit relates to realization of a sum of Rs, 44.800/-on the averment that defendant No. 2 took an amount of Rs. 40,000/- from the Plaintiff at Zunheboto by executing a document stipulating to repay the amount with interest at the rate of 2 per cent within six months. On the failure to pay the money, the suit was filed against defendants 1 and 3 also on the averment that defendant No. 2 was running a business in the name of M/s. Gift House (defendant No. 1) along with defendant No. 3. The defendants did not file any written statement, but two of them, namely, defendants 1 and 3, have approached this Court for transfer of the case as aforesaid. 2. In support of the petition, Shri Saikia contends that the document in question was executed at Dimapur and as such the Court at Zunheboto has no territorial jurisdiction to entertain the suit. This is denied by the plaintiff-opposite party No. 1. This is a question which has first to be agitated before the trial Court and the grievance cannot be entertained in a transfer application. 3. It is then submitted that there is bar at Zunbeboto which would stand in the way of the learned Deputy Commissioner trying the case as 1 e being not well-versed in civil law would find it difficult to appreciate the facts and law without due assistance from the Bar. It cannot be presumed by this Court that the Deputy Commissioner trying the case is not well-versed in civil law. In the State of Nagaland, civil cases are being tried by Deputy Commissioners or Additional Deputy Commissioners and really the prayer of the petitioners themselves is to transfer the case to one of such Courts. This is a very thin ground for transfer. 4. The main contention advanced is that Zunheboto is situated at a distance of about 230 kms.
In the State of Nagaland, civil cases are being tried by Deputy Commissioners or Additional Deputy Commissioners and really the prayer of the petitioners themselves is to transfer the case to one of such Courts. This is a very thin ground for transfer. 4. The main contention advanced is that Zunheboto is situated at a distance of about 230 kms. from Dimapur and there being no public transport connecting Dimipur with Zunheboto, the petitioners shall have to incur huge expenditure to travel to Zunheboto in connection with the case. If the averments be correct, the same would apply to the plaintiff also, who would in the event of transfer be required to travel to Dimapur. No transfer can be ordered at the convenience of one party to put the other in inconvenience. 5. In view of the above, I am not satisfied if the case needs transfer from the file of the learned Deputy Commissioner, Zunheboto. It is worth mentioning before concluding that the main defendant against whom the allegation of execution of document has been made has not made any grievance about the trial of the case at Zunheboto. 6. This being the position, the petition is dismissed. As the case has already become old, it is expected that the trial would be taken up expeditiously by the learned trial Court. Let the records be sent down with due dispatch. The stay order passed on 29.1.76 stands vacated.