Navneet Saini And Ors v. Amit Saini And Another

Navneet Saini And Ors v. Amit Saini And Another

(High Court Of Punjab And Haryana)

TA 558 of 2022 (O&M) AND TA 559 of 2022 (O&M) AND TA 560 of 2022 (O&M) | 01-06-2022

FATEH DEEP SINGH, J.

1. Since the above three petitions under Section 24 CPC seeking transfer of the civil suits bearing No. CSCJ/772/2021 titled as “ Amit Saini and another Vs. Naveneet Saini”, CSCJ/687/2021 titled as “ Amit Saini and another Vs. Navneet Saini” and CSCJ/415/2021 titled as “Navneet Saini Vs. Surinder Bala and another” from the Court at Chandigarh to Derabassi. It is not put to question that there are multiple litigations between the parties and the petitioner Navneet Saini admittedly is residing in Chandigarh at her address given by herself in her memorandum of parties and so is the two respondents Amit Saini and Surinder Bala and therefore apparently no case is made out for such a exercise. The contentions that is vehemently put-forth by Mr. Puneet Gupta, learned counsel for the applicant that the other cases, i.e., MCA/DJ/37/2021 titled as “Surinder Bala and another Vs. Navneet Saini” and CS/814/2021 titled as “Navneet Saini Vs. Amit Saini and others” are pending between the parties no doubt are there but both sides are close relations disputing over the very inheritance to the estate of the deceased parents. How and by what means the applicant claims this transfer purely because certain matters are pending before the Revenue Court regarding mutation etc., is also not a reason to seek transfer. More so, all the files are pending before the learned Civil Judge (Junior Division) Chandigarh except one which is pending before Additional Civil Judge, Senior Division, Derabassi and rather adjudication by single Court will prevent the expression of divergent opinions. More so, it is only in exceptional cases, the Court needs to exercise its power sunder Section 24 CPC which are in the rarest of rare cases to meet the ends of justice and where there are exceptional circumstances.

2. This Court does not feel inclined to show inclination to show indulgence. All the three applications are merit-less and are dismissed.

Advocate List
Bench
  • HON'BLE MR. JUSTICE FATEH DEEP SINGH
Eq Citations
  • NON REPORTABLE
  • LQ/PunjHC/2022/12571
Head Note

Civil Procedure Code, 1908 — Ss. 24 and 15 — Transfer of civil suits — Exercise of power under S. 24 — Multiple litigations between parties — All files pending before one Court except one which is pending before another Court — Adjudication by single Court will prevent expression of divergent opinions — Hence, no case made out for transfer — Transfer petitions dismissed