Ashok Bhan, J.
1. In our view a case for transfer of the title suits being Suit Nos.100/1996 and 1/1997 from Patna to Delhi is not made out. But, keeping in view the facts and circumstances of the case, particularly the fact that Petitioner No.1, namely, Premlata Singh is under treatment for kidney failure and the petitioners apprehend danger to their lives at Patna, it is directed that if a request is made on their behalf for being examined at Delhi through a Court Commissioner, such a request shall be granted.
2. The petitioners shall bear the expenses of the Court Commissioner.
3. These transfer petitions are disposed of accordingly.
Premlata Singh v. Rita Singh
Premlata Singh v. Rita Singh
(Supreme Court Of India)
Transfer Petition (Civil) No. 137-138 Of 2003 | 21-02-2005
Advocate List
- For the Appellant ---------- For the Respondent -----------
Bench
- HON'BLE MR. JUSTICE ASHOK BHAN
- HON'BLE DR. JUSTICE AR. LAKSHMANAN
Eq Citations
- (2005) 12 SCC 277
- LQ/SC/2005/228
Head Note
Civil Procedure Code, 1908 — Or. 22 Rr. 9 & 10 and S. 100 — Transfer of title suits from Patna to Delhi — Denied — But keeping in view the facts and circumstances of the case particularly the fact that Petitioner No. 1 namely Premlata Singh was under treatment for kidney failure and the petitioners apprehended danger to their lives at Patna, it was directed that if a request was made on their behalf for being examined at Delhi through a Court Commissioner, such a request shall be granted — The petitioners shall bear the expenses of the Court Commissioner — Transfer petitions disposed of accordingly — Civil Suit — Transfer of Suit
