Case: Arvee Industries &amp; Ors Vs. Ratan Lal Sharma

The petitioners, who are all residents of Delhi and carry on business in Delhi, are the tenants of the respondents son in Delhi. The sole reason for tense friction between the parties has arisen out of the petitioner civil proceedings for perpetual injunction against the landlords interfering with their quiet, and peaceful possession of the tenanted premises. A suit, being Suit No. 262 of 1974, was filed, by the petitioners in the Court of the Sub-Judge, Delhi, with, the above mentioned prayer and it is said that the same was dismissed for defaultAfter dismissal of the suit the respondent made ail application in the Delhi Court under section 85 read with section 151 of-the Code of Civil, Procedure (C.P.C.) claiming Rs. 3000/- as, compensation from the petitioners for malicious and vexatious prosecution of the civil suit. In answer to that claim the petitioners filed their written statement. It is stated that the written statement filed in that proceeding contained several serious defamatory allegations against the respondent whereby he was lowered in public esteem and reputation. It is, on that account, that the respondent instituted Suit No. 690 of 1975 on the original side of the Calcutta High Court claiming Rs. 2, 00, 000 (Rupees two lakhs) as damages from the petitioners. We are informed by Mr. Mishra, the learned counsel for the respondent, that the respondent was not required to pay any court fee when filing the, suit for damages for libel on the original side of the Calcutta High Court.The petitioners having received the plaint in that suit from the Sheriff of Calcutta filed this petition for transfer under the amended section 25 C.P.C.

Reasoning: This Court is the highest Court of anne al under the Constitution from all the High Courts in India. Section 25 C.P.C., in terms, confers a new power on this Court which was earlier in the old section within the State Government. Section 25 C.P.C. provides that this Court, if satisfied that an order under the section is expedient for the ends of justice, may transfer any case from one High Court to another or from a civil court in one State to a civil court in another StateIt cannot be said that if a particular suit, is ex facie- instituted deliberately in a wrong court, it will not have any bearing whatsoever, on the question of transfer. The court may bear it in mind a, , an additional factor if there is, prima facie, on the pleadings sufficient justification for such a pl ea. It is, however, not necessary for us to express finally on the question of jurisdiction in this case. That on the pleadings there is a strong possibility of the High Court accepting the petitioners objection to territorial jurisdiction is also a relevant factor in the background of this caseOn the merits, we are clearly of opinion that having an overall view of the- case, the relationship between the parties, the nature of the suit, as well as the circumstances in which the suit has been filed in the Calcutta High Court, great hardship will be caused to the petitioners in defending such a suit in Calcutta. On the other hand, the plaintiff has two sons in Delhi and be had earlier instituted action in the Delhi court against the petitioners. Convenience of the parties for a smooth and speedy trial will be more in Delhi than in Calcutta. Since the cause of action has arisen out of civil proceedings in the Delhi court, it will add to the convenience of the parties so far as production of records and even witnesses before the trial court is concerned.Mr. Mishra also draws our attention to section 25(5) C.P.C. and submits that the plaintiff will be greatly handicapped in several ways in being deprived of the procedure extant in Calcutta High Court. We should not, therefore, entertain the petition, says counsel. We do not find any impediment under section 25(5), C.P.C. in the matter of entertainment of the petit ion of transfer by this Court. We however, express no opinion about section 25(5) as it will be for the Delhi High Court to deal with the matter if any question is raised before it with regard to any aspect appertaining to that section.