Page No.# 1/3 GAHC010157242023 2025:GAU-AS:2975 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./64/2023 KUBAD BIN WAHID S/O LATE ABDUL WAHID, R/O VILL- SADARASHI, P.O.-SADARASHI, P.S. AND DIST- KARIMGANJ, ASSAM VERSUS THE STATE OF NAGALAND AND ANR REPRESENTED BY THE DEVELOPMENT COMMISSIONER DEPARTMENT OF LAW AND JUSTICE, GOVT. OF NAGALAND, NAGALAND, KOHIMA, PIN- 797001 2:M/S SWEETY CONFECTIONERY PURANA BAZAR DIMAPUR NAGALAND REPRESENTED BY ITS MANAGER SHRI UMANG JAIN PIN-79711 For the Petitioner(s) : Mr. R.A. Choudhury, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.03.2025 Heard Mr. R.A. Choudhury, the learned counsel appearing on behalf of Page No.# 2/3 the petitioner. 2. None has appeared on behalf of the respondents. 3. This is an application filed under Section 24 of the Code of Civil Procedure, 1908 (for short, “the Code”) for transfer of Money Suit No. 14/2023 pending before the Court of the learned Civil Judge (Senior Division), Dimapur, Nagaland to any other Court of competent jurisdiction either in the district of Karimganj or in Kamrup (M), Assam. 4. This Court has duly taken note of that the suit was filed by the respondent No. 2 against one M/S. Wahid Groups & Co. with the address situated at East Bazar, Karimganj, Assam-788711. However, it is seen that the petitioner herein is not the defendant in the suit. 5. Mr. R.A. Choudhury, the learned counsel appearing on behalf of the petitioner though submitted that he is the owner of M/S. Wahid Groups & Co., but in the opinion of this Court it is only the defendant who would have a locus standi for filing an application under Section 24 of the Code. On this count alone, the instant petition is required to be dismissed. 6. Additionally, this Court has also taken note of the grounds assigned in the said application and in the opinion of this Court, the said grounds mentioned is totally misconceived without any materials being brought on record that there is a hostile environment. Apart from that, the defendant can very well participate in the said suit proceedings through their advocates. 7. Considering the above, this Court finds no justification in exercising the power under Section 24 of the Code for transfer of Money Suit No. 14/2023 and accordingly the instant petition stands dismissed. Page No.# 3/3 8. The interim order dated 27.07.2023 stands vacated. 9. The petitioner is directed to appear before the Court of the learned Civil Judge (Senior Division), Dimapur, Nagaland on 15.05.2025 and on the said date the written statement be filed without fail. 10. The Registry shall intimate the learned Court i.e. the Court of the learned Civil Judge (Senior Division), Dimapur, Nagaland forthwith of the dismissal of the transfer petition and the directions passed hereinabove. JUDGE Comparing Assistant