- Bench : Justice C.K Thakker , Justice MarkandeyKatju
Issue:
In what circumstances the transfer of suit is allowed under CPC?
Facts:
• The trust was established on 24-09-1997 in Punjab to establish professional institutions. Gurcharan singh was the Founder Chairman of the trust & appellant was trustee along with founder chairman.
• In 1998, B.S Randhawa inducted as new trustee. In 2002, elections held & Gurcharan again elected as Chairman on which B.S randhawa&Hardev Kaur raised protests.
• On June 21, 2003, Gurcharan was murdered while he was in the park with appellant.
• B.S randhawa was arrested as main accused.
• On July 23,2003 elections held again for Chairman & appellant was selected.
• Hardev Kaur filed a suit on 25-07-2003 for a declaration that proceedings conducted on July 23 in which appellant was selected, were illegal & void. Only limited interim relief was granted & she was allowed to attend meetings.
• In oct,2003 they filed another suit in the name of Kandi Friends Education Trust through general secretary Jaspal. It was prayed that resolution dated 14-10-2003 is illegal. On 4-06-2005, one more suit filed by Jaspal for permanent injunction against the appellant.
• In 2006, the trust filed a transfer application of the case as it was pending since 3 years. The appellant filed the reply stating that false allegations are being made on her.
• The HC transferred the suit to Chandigarh.
• The order has been challenged by the appellant in SC.
Appellant’s contentions:
• It was contended no reasons has be given to transfer the case; incorrect to say that the delay was on their part.
Respondent’s contentions:
• It was contented that the order is correct & the court was satisfied under Section 24 of CPC.
Judgement:
The Supreme Court allowed the appeal & set the impugned orders.
“Reading Sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by courts. They are balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; important questions of law involved or a considerable section of public interested in the litigation; “interest of justice” demanding for transfer of suit, appeal or other proceeding, etc. Above are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceeding. They are, however, illustrative in nature and by no means be treated as exhaustive. If on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a “fair trial” in the court from which he seeks to transfer a case, it is not only the power, but the duty of the court to make such order.”
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