Govardhan Das vs Mohd. Nazir and others

Prakash Krishna,J.

List revised. None is present to oppose the present transfer application filed under section 24 of CPC.

By means of the present application, the applicant has sought the transfer of suit no. 161 of 1995Mohd. Nazir Vs. Govardhan Das and others, from the court of IIIrd Additional Civil Judge (Senior Divsion), Mathura to any Judgeship adjoining Delhi namely Ghaziabad or Noida.

Heard the learned counsel for the applicant.

Trasnfer of the case has been sought for on the ground that the applicant is aged about 75 years and is not keeping good health on account of old age and is presently residing at Delhi at the address mentioned in the application. He claims that he is sole owner of house no. 1885 (new no. 2365) situate at Bharvava Gali, Kasaipara, Ghiya Mandi, Mathura. The said house is his ancestral house and was purchased by his grand father in the year 1919. The aforestated suit no. 161 of 1995 has been filed for specific performance of contract of sale dated 691994. The case of the applicant is that the said agreement is forged one. However, it is not necessary for this Court to consider any of the aforesaid pleas except that the applicant is an old person and is residing permanently at Delhi.

None is present to oppose the present transfer application. On the earlier occasion also when the matter was taken up in the revised list, none was present, vide entry dated 2972009 in the order sheet.

Taking into consideration the entire facts and circumstances of the case, the application for transfer is allowed. The District Judge, Mathura is required to send the entire record of suit no. 161 of 1995 to the District Judge, Ghaziabad who will assign the case to a court of competent jurisdiction.