TA No.166 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.166 of 2011 Date of decision:2.5.2011 Harinder Kaur and another ...Applicants Versus Jasbir Kaur and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Jagjit Singh, Advocate, for the applicants. Respondents proceeded ex-parte. -.- JITENDRA CHAUHAN, J. (Oral) This is an application under Section 24 of the Code of Civil Procedure for the transfer of plaint (Annexure A-1) filed by respondent Nos. 1 to 3 titled as `Jasbir Kaur etc. vs. Amarpal Singh etc.' (Civil Suit No.573/10/24.12.10 from the court of Additional Civil Judge (Senior Division) Dasuya to the court of competent jurisdiction at SAS Nagar Mohali. Notice of motion was issued on 1.4.2011. As per the office report, it is made out that the respondent is evading from service. Accordingly, he is proceeded against ex parte. Learned counsel for the applicants submits that a part of the property in dispute, the subject matter of the Will, left by the deceased TA No.166 of 2011 2 Sodarshan Singh (father-in-law and grand-father of the petitioner Nos 1 and 2, respectively) is situated in District Mohali, whereas some part of the land is within the territorial jurisdiction of Dasuya, District Hoshiarpur. It has also been submitted that all the respondents are citizens of Canada and occasionally come to India. Therefore, no prejudice is to be caused if the present application is allowed. I have heard the learned counsel for the applicant. From the perusal of case file, it is made out that petitioner No.1 (daughter-in-law of the deceased Sodarshan Singh) is a young widow and residing at Mohali, whereas petitioner No.2 (grandson of the deceased) is studying in the USA. Keeping in view the fact that petitioner No.1 is a young widow and residing alone at Mohali, it would certainly difficult for applicant No.1 to defend her interest at Dasuya. Accordingly, the present application is allowed. The civil suit titled Jasbir Kaur etc. vs. Amarpal Singh etc. is withdrawn from the court of Additional Civil Judge (Senior Division) Dasuya and is transferred to the court of competent jurisdiction at SAS Nagar Mohali. File shall be sent by the trial Court at Dasuya to the learned In charge District Judge, SAS Nagar (Mohali), within two weeks from the date of receipt of a certified copy of this order, who entrust it to any other court of competent jurisdiction. Parties are directed to appear before the Incharge Additional District Judge, SAS Nagar (Mohali) on 2.6.2011. 2.5.2011 (JITENDRA CHAUHAN) mk JUDGE TA No.166 of 2011 3