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2015 DIGILAW 18 (MAN)

James Kasar v. M. V. Joseph

2015-01-29

LAXMI KANTA MOHAPATRA

body2015
JUDGMENT Laxmi Kanta Mohapatra; CJ. 1. Heard Mr. N. Jotendro, learned counsel appearing for the petitioners and Mr. N. Umakanta, learned counsel appearing for the respondents. 2. This is an application under section 24 of the Code of Civil Procedure for transfer of Original suit No. 5 of 2012 and Judl. Misc. Case No. 9/2012 pending in the Court of the learned Civil Judge, Sr. Division, Ukhrul to any other court. 3. The respondents are the plaintiffs and are residents of Chadong village. The suit has been filed by them for declaration of the village authority and Misc. Case has been filed for grant of injunction. The present petitioners, who are the defendants in the said suit, have filed written statement and intend to contest the same. It is alleged by the petitioners that they are being repeatedly threatened by an unlawful organisation namely NSCN(IM) from contesting the suit and several letters have been written to them in this regard. It is also stated by the petitioners that on previous occasion when they had gone to Ukhrul town, they had been beaten by Members of an unknown Underground organization and Criminal cases have been initiated. Apprehending danger to their lives in appearing before the learned Civil Judge, Sr. Division, this application has been filed for transferring the suit. 4. A written objection has been filed by the plaintiff-respondents and it is stated in the objection that there was no thread whatsoever at any point of time to the defendants and the letter annexed to the application for transfer relates to some other disputes and has got nothing to do with the present suit. 5. Having heard the learned counsel appearing for the parties and on examination of the annexure attached to the application as well as to the rejoinder to the objection, I find that one organization has been writing letters in relation to some issue, but there is no reference to the present suit or the dispute involved in the present suit. There was an incident earlier and a complaint was lodged in June, 2012. Thereafter, for last 2(two) years, case has been continuing before the learned Civil Judge and the parties are appearing before the court. I am, therefore the view that this is not the stage when the petitioners can have any such apprehension of not being allowed to contest the suit. Thereafter, for last 2(two) years, case has been continuing before the learned Civil Judge and the parties are appearing before the court. I am, therefore the view that this is not the stage when the petitioners can have any such apprehension of not being allowed to contest the suit. No instance has also been given by the petitioners to indicate that they had been either threatened or prevented from contesting or appearing in the suit. I am, therefore, of the view that there is no necessity of transferring the suit to any other Court at present merely on the basis of an apprehension that the petitioners may not be permitted to appear in the court and contest the suit. 6. I, therefore, while declining to allow the prayer for transfer of the suit, further observe that in the event while contesting the suit in future any incident occurs for which petitioners apprehend that they may not be in a position to contest the suit at Ukhrul, they can always approach this court with a fresh application for transfer of the suit. 7. With the above observation, this application is dismissed.