IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application No. 12 of 2008 Swami Omkaranand Saraswati Charitable Trust through Shri Rajendra Singh Rawat, Manager, Muni-Ki-Reti, District Tehri Garhwal. …… Applicant. Versus Dr Jitendra Singh, S/O Shri Bariyam Singh, R/O Dental Clinic, Omkarananda Bhawan, Muni-Ki-Reti, Tehri Garhwal.. … Opposite Party.. Sri M.L.Agarwal, learned counsel for the applicant. Date April 22, 2008. Hon’ble B.S.Verma, J. Heard Sri M.L.Agarwal, learned counsel for the applicant and perused the record. This application has been moved under Section 24 of the Code of Civil Procedure for transfer of S.C.C. Suit No. 23 of 2006, Swami Omkaranand Saraswati Charitable Trust Vs. Dr. Jitendra Singh pending in the Court of the District Judge Tehri Garhwal to the court of the District Judge, Haridwar. A perusal of the record shows that the applicant filed Civil Revision No. 45 of 2007 Swami Onkaranand Saraswati Charitable Trust Vs. Dr. Jitendra Singh against the judgment and decree dated 4.8.2007 passed by the Judge, S.C.C./District Judge Tehri Garhwal in S.C.C.Suit No. 23 of 2006 before this Court. This Court vide judgment dated 19-2-2008 remanded the case to the court concerned. This Court, while passing the order, had given a categorical finding on the issue of notice. 2 The judgment and decree passed by the Judge, S.C.C./District Judge, Tehri Garhwal in S.C.C. Suit No. 23 of 2006 has already been set aside. The first contention of the learned counsel for the applicant is that the learned District Judge had dismissed the suit vide judgment and decree dated 4-8-2007 and the learned Judge had expressed his opinion in the matter against the applicant- plaintiff and in favour of the opposite party-defendant being prejudicial to the plaintiff-applicant. Learned counsel for the applicant has further contended that the convenience of the parties has to be seen. I have considered the submissions made by the learned counsel for the applicant. On the ground of convenience of the plaintiff-applicant alone, the case cannot be transferred to another district. The suit is yet to be decided afresh by the District Judge in view of the observations/directions made in the order dated 19-02- 2008 in Civil Revision No. 45 of 2007. No good ground for transfer of the S.C.C. Suit No. 23 of 2006 pending before the Judge, Small Cause Court/District Judge Tehri Garhwal to the court at Haridwar is made out. The application for transfer moved by the applicant has no force and the same is dismissed. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 3 4 5 6