c^ HIGH COURT OF CHHATTISGARH AT BIIASPUR ,ATN"*TF1? VERSUS RESPONDENT DEFENDANT Smt. Vimla Bai Chopda, Age 57 years W/o Prakashchand Chopda, Proprietor, Jaia Traders Anirit Sandesh Complex, G.E. Road, Raipur, District Raipur (C.G.). Yashwant Singh Thakur, S/o Late Jhuiauk Singh Thakur, Asst. Grade- III, Of&ce Assistant Registrar, Cooperative Societies Maryadit, Near Bus Stand, Raipur Road, Dhamtari, District DIlamtari (C.G.). APPLICATION UNDER SECTION 24 OF THE CODE OF CTVIL PROCEDURE. JSB :Hon'ble Mr. N.K. Agrawal, J.) Present: Shri Manoj Paranjpe, Advocate for the applicant. None for the respondent, fhough served through Dasti semce. Heard. 2. Leamed counsel for the applicant submits fhat the plaintiif/ applicant herein filed a suit for recovery of Rs. 1,30.512/- against the defendant / respondents herein in the Court of second Additional District Judge, Raipur, which was registered as Civil Suit No. 48-B/2004, but during pendency ofthe suit, new District and Sessions Court was established af Dharatari and fhe case was transferred administratively to Dhamtari Court for its disposal vide order dated 4-11-2006. The suit was registered as Civil Suit No. 10- B/2007 and is pendtng before Additional District Judge (FTC), Dhamtari, Distt. Dhamtari for its disposal but the cause of action as a whole arose within the temtorial iurisdiction of Raipur Citv ^^•^.B.^ .y'.^-'i^ ''-s ~^ ^ and no part of action arose within the territorial jurisdiction of District and Sessions Court, Dhamtari and, therefore, the suit deserves to be re-transferred to the Court of competent iiirisdiction within the territorial jurisdiction of the Court of District and Sessions Court, Ralpur otherwise, any decree which may be passed bv fhe Court at Dhamtari would be wifhout iurisdiction. 3. Dasti service was efiected on the non-applicant, but despite service, the non-applicant remained absent. 4. After considering the submission of fhe petitioner's coi-msel Shri Manoj Paranjpe and after perusing the record, it seems that cause of action prima-facie arose within the territorial jurisdiction of tfae Court of District and Sessions Court, Raipur and, therefore, it would be in the interest ofjustice fhat the matter should be tried at Raipur. It is however made clear that the non-applicant would be at liberty to raise fhe question ofjurisdiction. 5. Therefore the District and Sessions Judge, Dhamtari is directed to re-send the Civfl Suit no. 10-B/2007 by withdrawtng it from fhe Additional District Judge (FTC), Dhamtari to the Court of District Judge Raipur, for its disposal. District Judge, Dhamtari shall mform the parttes about re-transfer of the case to Raipur Court and also a date shaU be fixed for fheir appearance before fhe 1st Additional District Judge, Raipur who in tiim may send the case for disposal in accordance with the distoribution memo. 6. The petition is accordingly aUowed. 7. No order as to costs. Sd/- N.K. Agarwal Judge