AI Structured Summary
Not yet generated for this judgment
Judgment
Rajesh Bindal, J.—The present petition has been filed challenging the order dated 28.9.2011, passed by learned Civil Judge (Junior Division), Mukerian staying the suit filed by the petitioner for declaration claiming right to receive provident fund, leave encashment, family pension and other terminal benefits of her deceased husband-Gurdeep Singh and also order dated 18.10.2011, passed by the learned District Judge, Hoshiarpur dismissing the application filed by the petitioner for transfer of the suit, as infructuous.
Brief facts of the case are that on account of the death of Gurdeep Singh, who was working as Junior Engineer with Bhakhra Beas Management Board, respondent No. 4 filed a suit claiming the terminal benefits at Hoshiarpur. The petitioner filed the suit claiming the same relief at Mukerian. The deceased was married to respondent No. 4. However, in a petition for divorce, a decree was passed in favour of deceased-Gurdeep Singh, which was set aside in appeal. During the pendency of appeal, deceased-Gurdeep Singh married with the petitioner.
Learned counsel for the parties are agreed that as the claim made in both the suits is regarding the terminal benefits of deceased-Gurdeep Singh, ends of justice will be met in case both the suits are transferred and clubbed to be decided by one court. The suit, which was filed first by respondent No. 4 is at Hoshiarpur. Subsequent suit filed by the petitioner is pending at Mukerian.
Considering the facts and circumstances of the case, it is directed that the suit filed by the petitioner, which is pending before Civil Judge (Junior Division), Mukerian is transferred to the court of Civil Judge (Senior Division), Hoshiarpur to be clubbed with the suit already pending in that court, titled as "Daljit Kaur v. Gian Kaur and others". The parties are directed to appear before Civil Judge (Senior Division), Hoshiarpur for further proceedings on 9.4.2012, the date on which the suit filed by respondent No. 4 is stated to be pending.
The petition stands disposed of in the above terms.