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2013 DIGILAW 136 (JK)

A. S. CO. M. S & Anr. v. Sanna Mir

2013-03-08

M.M.KUMAR

body2013
M.M. Kumar, C.J.— 1. This is an application filed by Acharya Shri Chander College of Medical Sciences & Hospital alongwith its Director-Principal with a prayer that the suit titled as 'Sanna Mir v. Acharya Shri Chander College of Medical Sciences & Hospital & anr.' pending before the learned 2nd Additional Munsiff, Srinagar be transferred to any other Court of competent jurisdiction at Jammu. 2. The respondent had responded to advertisement notification for admission to M.B.B.S Course for the year 2011-12 and had applied for admission in the category of Foreign Student/NRI/Wards of NRI. The last date for submission of application form was 17.08.2011. According to the allegations made in paras 4 & 5 some deficiency was found in the application form submitted by the plaintiff-respondent which resulted in the objections raised by them on the ground that College is situated at Jammu and admission was also to be made at Jammu. It is further asserted that the process of admission was initiated, undertaken and concluded at Jammu. The medical course and all actions connected there with had arisen at Jammu and no part of cause of action had arisen at Srinagar. 3. Notice of the petition was sought to be served on the address of the plaintiff-respondent at 68 Chinar Colony, Bagaat Barzulla, Srinagar as well as at F-6 Nideesh Enclave Channi Rama, Jammu. On account of the facts that the registered post notices were sent long ago which have not been received back with any endorsement, the service of notice has been presumed. 4. After hearing learned counsel for the petitioners, I am of the considered view that the cause of action for filing the suit has arisen at Jammu only. The advertisement notice was issued by the petitioner at Jammu. The process of admission was initiated, undertaken and concluded at Jammu. The study of the whole medical course was also to be undertaken by the students at Jammu and no part of the action had arisen at Srinagar. Therefore, under Section 20 of the Code of Civil Procedure, 1920, the suit could have been filed only at Jammu. Even otherwise there is no opposition to the prayer made by the petitioner as the plaintiff-respondent has failed to appear. 5. As a sequel to the above discussion, this petition succeeds. Therefore, under Section 20 of the Code of Civil Procedure, 1920, the suit could have been filed only at Jammu. Even otherwise there is no opposition to the prayer made by the petitioner as the plaintiff-respondent has failed to appear. 5. As a sequel to the above discussion, this petition succeeds. The suit titled as 'Sanna Mir v. Acharya Shri Chander College of Medical Sciences & Hospital' pending in the Court of 2nd Additional Munsiff, Srinagar is ordered to be transferred to the Court of competent jurisdiction at Jammu. As the record of the case has already been received, the Registry is directed to send the record to the learned Principal District Judge, Jammu, who shall entrust the case to the Court of competent Jurisdiction at Jammu. The parties are directed to appear before the learned Principal District Judge Jammu on 28.03.2013. 6. A copy of this order be sent to the 2nd Additional Munsiff, Srinagar alongwith a photocopy of the whole trial record by intimating him that the proceedings have been transferred to the Court of competent jurisdiction at Jammu. 7. The application stands disposed of.