TA No. 386 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 386 of 2009 (O&M) Date of decision: 17.8.2010 Baldev Raj Sethi and another .. Applicants v. Subhash Chander Chadha .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. P. K. Kukreja, Advocate for the applicants. Mr. M. S. Jandiala, Advocate for the respondent. ... Rajesh Bindal J. Prayer in the present application is for transfer of the civil suit for damages filed by the respondent at Phagwara to Chandigarh or any other place. Learned counsel for the applicants submitted that the applicants in the present case filed a suit for specific performance of agreement to sell. After the service of notice in the aforesaid suit, the respondent filed a suit for damages at Phagwara. In fact, when applicant No. 1 first went to Phagwara, he was attacked in the court complex and a complaint to that effect was also made to the police authorities. In fact, the applicants in the present case apprehend danger to their lives as for the purpose of cross-examination of the plaintiff's witnesses, they want to be present in court and further they have to be present in court at the time of leading their evidence. Considering the aforesaid facts, the trial of the suit be transferred either at Chandigarh, where the civil suit filed by the applicants, which is prior in time is pending, or to any other place from Phagwara. On the other hand, learned counsel for the respondent submitted that the applicants in the present case are of quarrelsome nature. In fact, they are habitual of frivolous litigation as about 30 cases (civil or criminal) filed by them are pending at Chandigarh. They are unnecessarily harassing the respondent. The documents on the basis of which the suit has been filed by them at Chandigarh are all fabricated. Phagwara Court has jurisdiction to try the suit filed by him considering the fact that cause of action therefor arose at Phagwara. There is no question of any apprehension to their lives at Phagwara, as is sought to be claimed, as no such incident as alleged, took place. TA No. 386 of 2009 [2] After hearing learned counsel for the parties, without recording any specific finding as to the fact alleged by the applicants regarding danger to their lives at Phagwara, in my opinion, the interest of justice in the present case would be subserved in case trial of the suit pending at Sub Divisional Court at Phagwara is transferred to District Headquarter at Kapurthala. Accordingly, it is directed that the civil suit for damages filed by the respondent shall stand transferred to Kapurthala from Phagwara. The parties are directed to appear before Civil Judge (Senior Division), Kapurthala on 1.9.2010 for further proceedings. The application stands disposed of. ( Rajesh Bindal ) Judge 17.8.2010 mk