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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
The petitioners have filed this application seeking transfer of Civil Suit vide C.S. No. 116 of 2011 from the Court of Senior Civil Judge, Patnagarh to the Court of Senior Civil Judge, Balangir. The application has been filed on the ground that no lawyer is willing to appear on behalf of the petitioners at Patnagarh. Further, despite requests made to the Bar Association of Patnagarh, no lawyer has come forward to represent the petitioner in the case. That apart, the lawyer engaged by the petitioners has recused himself from the case. It is further submitted that the petitioners are presently residing at Balangir and therefore, it would be convenient for them if the case is transferred to Balangir. On query by the Court, learned counsel for the petitioner submits that the suit is at hearing stage with four witnesses being already examined. This Court observes that every litigant has right to engage a lawyer to conduct the case on his behalf and no person or any agency can deprive him from such right. In view of the allegations made by the petitioners that no lawyer from Balangir is willing to conduct the case, it is
always open to him to engage a lawyer from any other area. Further, this being a civil suit, the petitioners are not required to personally attend the Court on each date of the posting of the case. Moreover, hearing of the suit has already commenced and therefore, it would not be proper to transfer to another Court.
For the foregoing reasons therefore, this Court is not inclined to entertain the application for transfer, which is therefore, dismissed.
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