T.A. No. 449 of 2009 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 449 of 2009 (O&M) Date of decision: 8.9.2010 Smt. Kanta Rani and another .. Applicants v. Harpal Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. K. Arora, Advocate for the applicants. Ms. Sharmila Sharma, Advocate for the respondent. ... Rajesh Bindal J. Prayer in the present application is for transfer of the suit filed by the respondent at Gurgaon for specific performance of agreement to sell to Ferozepur. Learned counsel for the applicants submitted that applicant No. 1 in the present case is 70 years old lady, who is not keeping good health. The distance between Gurgaon and Ferozepur is more than 500 kilometers and it is very difficult for her to defend the case filed against her. On the other hand, learned counsel for the respondent submitted that applicant No. 1 is not required to appear in person in court. She has only to appear at the time of tendering of affidavit of her evidence and for cross-examination. Applicant No. 2 is still in service and is travelling for the purpose daily about 50- 60 kilometers. The sons and daughter-in-law of the applicants are doctors at Ferozepur. In view of the aforesaid facts, no case for transfer of the suit is made out. After hearing learned counsel for the parties, I do not find it to be reasonable to transfer the suit filed by the respondent at Gurgaon to Ferozepur merely on the ground that the distance between the two places is more than 500 kilometers, once the property in dispute is situated at Gurgaon and further applicant No. 2 is still in service and travelling 50-60 kilometers daily for attending his duty. Further, in civil litigation the parties are not required to appear in person in court on each and every date of hearing. T.A. No. 449 of 2009 [ 2] For the reasons mentioned above, the present application is dismissed. (Rajesh Bindal) Judge 8.9.2010 mk