TA No.204 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. TA No.204 of 2008 Date of Decision: 21.10.2008 Rekha Jhanji Brar .....Applicant Vs. Sohan Lal Jhanji and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Chetan Mittal, Sr.Advocate with Mr.Keshav Kataria, Advocate for the applicant. Mr. Vibhu Raj Jhanji, Advocate for respondents no.1 and 2. .... RAJIVE BHALLA, J (Oral) Prayer in this application is for transfer of civil suit titled as “Sohan Lal Jhanji and another V. Rekha Jhanji and others” pending in the Court of Sh.Ranjeev Kumar, Civil Judge (Junior Division) Jagraon, to any other Court of competent jurisdiction at Chandigarh. The applicant has put forth a claim for transfer of the suit, on the ground that respondent no.2 (the plaintiff) is a practising advocate at Jagraon. Two of his sons are practising advocates, one at Jagraon and the other at Ludhiana. It is further asserted that respondent no.1's son is a practising advocate at Ludhiana. The applicant, therefore, apprehends that in view of their influence at Jagraon, she would not be able to effectively defend the suit at Jagraon. It is further asserted that the applicant has retired as a Professor from Panjab University, Chandigarh and her husband is still TA No.204 of 2008 2 serving as a Professor at the said University. She has no one to help her in her litigation and travelling to Jagraon on each and every date, to defend her suit, would cause serious inconvenience to the applicant in her defence of the above suit. It is also submitted that a part of the suit property is situated at Chandigarh and in case the suit is transferred to Chandigarh, it would be transferred to a Court that has jurisdiction to entertain the suit. Counsel for the respondents, however, asserts that there is no presumption, whether in fact or in law that merely because the respondents are advocates or their children are advocates, practising at Jagraon and Ludhiana, they would be in a position to exercise influence over Courts or prevent the applicant from effectively pursuing her defence. It is submitted that the applicant has retired as a Professor from the Panjab University and is, therefore, an educated lady, aware of her rights and, therefore, cannot raise a plea that she would be hampered in defending the suit at Jagraon. It is further submitted that the applicant is pursuing the suit through her counsel and has filed an application for striking off pleadings in the plaint and, therefore, counsel for the applicant to contend that the applicant is hampered in her defence, is a mere ruse to seek transfer to the place of her residence i.e. Chandigarh. It is, therefore, prayed that the application for transfer be dismissed, as it is devoid of any merit. I have heard learned counsel for the parties, perused the pleadings, as also the written arguments submitted by counsel for the respondents. I find no reason to accept the prayer for transfer of the suit. The mere fact that the respondents are advocates or their children are advocates practising at Jagraon and Ludhiana, are by themselves TA No.204 of 2008 3 insufficient to transfer the case. In the absence of any substantial allegation or any overt act that may give rise to a reasonable apprehension that the applicant would be impaired in her defence at Jagraon, or would be denied justice, the applicant's prayer, based upon an unfounded apprehension, cannot be accepted. While considering a prayer for transfer, a Court cannot arbitrarily transfer a case so as to suit the convenience of one party or the other. The applicant is an educated lady, who retired as a Professor from the Panjab University and is already defending another suit at Jagraon. A suit filed in a Court of competent jurisdiction cannot be transferred on the mere whim of a party. In view of what has been stated herein above, the prayer for transfer of the suit is declined and the present application is dismissed. At this stage, counsel for the applicant states that an alternative prayer for transfer of the suit to Ludhiana may be considered. Such a prayer would fall within the jurisdiction of the District Judge, Ludhiana and the applicant may, if so advised, file an application in accordance with law. 21.10.2008 (RAJIVE BHALLA) GS JUDGE