AI Structured Summary
Not yet generated for this judgment
Judgment
Learned counsel for the petitioner Mr. Sunil Beniwal submits that by virtue of the order dated 09.11.2017, two suits, being Civil Original Suit No. 73/2014 and No.75/2014, have been ordered to be transferred to the Court of Additional District Judge, Sojat, whereas petitioners' suit, being Civil Original Suit No. 11/2017, is still continuing with the Court at Jaitaran.
In backdrop of the aforesaid facts, learned counsel for the petitioner seeks to lay challenge to the order dated 09.11.2017 passed by the learned Additional District Judge, Sojat (Pali) under Section 24 of the Code of Civil Procedure.
Mr. Sunil Beniwal submitted that the petitioner's predicament is that all the three suits were connected, out of which, two stand transferred to the Court at Sojat, whereas petitioner's suit, being Civil Original Suit No. 11/2017, is still pending at Jaitaran and the Presiding Officer thereof is proceeding in the matter.
The submission of Mr. Beniwal, in any case does not affect the legality of the order dated 09.11.2017, which in the facts of the present case is justified.
The writ petition is, therefore, dismissed.
However, the petitioner may move appropriate application in the Suit No. 11/2017 pending before the Court at Jaitaran, for transfer of the said suit (No.17/2017) to the Court at Sojat, so that the same may be heard along with the aforesaid suits (Nos.
73/2014 & 75/2014).
It is required of the petitioner to move appropriate application before the District Judge, Pali for transfer of the Civil Original Suit No. 11/2017, to the Court at Sojat. The petitioner may do so within a period of 15 days from today, while placing a copy thereof before the Court at Jaitaran. It is expected of the learned District Court to decide such application, if any filed, within a period of one month thereafter.