Case Note & Summary
The Supreme Court Middle Income Group Legal Aid Society filed a transfer petition under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of a civil suit filed by Vidyasagar (respondent) from the court of Civil Judge, Senior Division, Ludhiana to Patiala House Court, New Delhi. The respondent had sued the petitioner for refund of three times of Rs. 8,500/- paid as legal fee, plus court fee of Rs. 225/-, litigation cost of Rs. 5,000/-, and compound interest. The petitioner society was inclined to refund the original sum but argued that defending the suit in Ludhiana would be extremely inconvenient for its members. The respondent was duly served but did not appear or contest the petition despite an opportunity granted by the court on 20th May 2020. The court noted that the respondent claimed in paragraph 11 of the plaint that the Ludhiana court had jurisdiction. Considering the object of the petitioner society, which provides legal aid to the middle income group, the court found that continuation of proceedings in Ludhiana would cause prejudice to the petitioner. Accordingly, the transfer petition was allowed, and the suit (C.S. No. 1184 of 2019) was ordered to be transferred to the appropriate competent court in Patiala House Court, New Delhi.
Headnote
A) Civil Procedure - Transfer of Suit - Section 25 Code of Civil Procedure, 1908 - Transfer of suit from Ludhiana to Delhi - Petitioner, a legal aid society, sought transfer of a civil suit filed by respondent for refund of legal fee and costs - Respondent failed to appear despite service and opportunity - Court held that continuation of proceedings in Ludhiana would cause prejudice to the petitioner society, which provides legal aid to middle income group - Transfer allowed (Paras 1-3).
Issue of Consideration
Whether a civil suit filed by the respondent against the petitioner legal aid society should be transferred from Ludhiana to Delhi under Section 25 of the Code of Civil Procedure, 1908.
Final Decision
Transfer Petition allowed. C.S. No. 1184 of 2019, titled 'Vidyasagar vs. Supreme Court Middle Income Group Legal Aid Society', pending before the court of Civil Judge, Senior Division, Ludhiana, is transferred to the appropriate competent court in Patiala House Court, New Delhi.
Law Points
- Transfer of suit under Section 25 CPC
- convenience of legal aid society
- jurisdiction based on prejudice
