Full Judgment Text
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PETITIONER:
SHIV KUMARI DEVANNDRA OJHA
Vs.
RESPONDENT:
RAMAJOR SHITLA PRASAD OJHA & ORS.
DATE OF JUDGMENT: 13/01/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The petitioner has filed this petition for transfer of
proceedings, viz., Succession Application No. 43/95 along
with Misc. Application No. 23/96 titled Ramajor Shitla
Prasad Ojha & Ors. vs. Shiv Kumari Devandra Ojha, pending in
the Court of Civil Judge, Senior Division, Valsad, Gujarat
to the competent court of Civil Judge at Sadar District
Pratapgarh in Uttar Pradesh. We had adjourned the matter by
our Order dated December 9, 1996 to find out whether the
suit was still pending or stood disposed of. It is reported
that the matter is still pending and the Civil Judge, Senior
Division is yet to take up the matter. Learned counsel for
the Petitioner has stated that the Petitioner being a lady
is unable to travel from Uttar Pradesh to Valsad in Gujarat
and it is a really a great difficulty for her to meet the
expenditure in that behalf. Shri Upadhyay, learned counsel
appearing for the respondents has agreed top bear the
expenditure for her travel and stay whenever she attends
court. Under the circumstances, we do not find that there is
any justification for transferring the matter to Pratapgarh,
U.P. Whenever the petitioner goes to the Court, the
respondents would pay Rs. 750/- (Rupees seven hundred and
fifty only) on each occasion to the petitioner and the
amount would be paid to her in advance. The petitioner would
intimate the Civil Judge, Senior Division who would direct
the respondents to pay the amount to the petitioner.
It is next contended that the petitioner had to engage
her counsel from Surat since no advocate would be available
at Valsad where the suit is pending. We think that the
apprehension of the petitioner is not correct. The
petitioner is at liberty to engage counsel at Valsad and the
counsel would give his best to the petitioner in defending
her case. If the petitioner requires any financial
assistance from the respondents, it would be open to her to
file an application in the Court of Civil Judge, Senior
Division, Valsad for this purpose and the same would be
ordered by the Civil Judge. Learned Civil Judge is directed
to dispose of the application for restoration immediately
and would simultaneously take up the main matter and dispose
of the same expeditiously.
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The transfer petition is accordingly disposed of.