IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2688 of 2009 Naushin Begum @ Nasima Khatoon @ Nasima Begum Versus Md.Shakir Hussain & Anr ----------- 04. 17.08.2011 Heard learned counsel for the petitioner and the Opposite Party. This application has been filed for transfer of Miscellaneous Case No. 9 of 1998 alongwith T.S. No. 8 of 1996 from the court of learned Subordinate Judge, Saharsa to the court of Principal Judge, Family Court, Samastipur. It is submitted on behalf of the petitioner that the aforesaid title suit was filed by the Opposite Party at Saharsa court which had no jurisdiction even then though the suit was decreed ex-parte. It is further submitted that for transfer of the aforesaid suit, petitioner had earlier filed an application vide M.J.C. No. 2804 of 1996 as stated in paragraph -17 of the petition. However, the said M.J.C. for transfer become infructuous after passing of the ex-parte decree on 05.07.1997 in the aforesaid title suit in question. Learned counsel appearing on behalf of the Opposite Party submits that suit has been decreed ex- parte on 05.07.1997 and petitioner had filed for setting aside the ex-parte decree in the court where the suit was decreed. It is further submitted petitioner had filed the case at Saharsa as such, petitioner could not have filed the present case for transfer of his own application at Samastipur although the suit was decreed by the court of Subordinate Judge at Saharsa. Considering the submissions of the parties and also the averments made in this application, I do not find that the prayer of the petitioner for transfer of the case can be said to be justified. Accordingly, the application is dismissed. Jagdish/- ( Shailesh Kumar Sinha,J.)