[2025:RJ-JP:5556] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Transfer Application No. 446/2024 Rajendra Kumar Tak Son Of Late Shri Daulal Tak, Aged About 67 Years, Resident Of Plot No. 316, Uday Marg, Gali No.7, Rajapark, Jaipur ----Petitioner Versus Smt. Bindiya Rani Wife Of Shri Kishore Kumar Tak, Aged About 62 Years, Resident Of Plot No. 316, Uday Marg, Gali No.7, Rajapark, Jaipur ----Respondent For Petitioner(s) : Mr. Amit Puri, Adv. For Respondent(s) : Mr. Ajay Kumar Jain, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 07/02/2025 This transfer application has been filed by the applicant under Section 24 CPC for transferring the Probate Petition No.2767/2019 titled as “Smt. Bindiya Rani Vs. Rajendra Kumar Tak and Ors.” pending before District and Sessions Judge Jaipur Metropolitan-I, Jaipur to another Court having jurisdiction. Learned counsel for the applicant submits that respondent- non-applicant(for short "the non-applicant") filed a probate petition before the District and Sessions Judge, Jaipur Metropolitan-I, Jaipur. The petitioner-applicant filed reply to the said probate petition. The trial court vide its order dated 30.04.2024 directed that as per Section 295 of the Indian Succession Act, the said probate petition shall be tried as a regular suit. The applicant filed a review petition under Section 114 read with Order 47 Rule 1 CPC for reviewing the order dated 30.04.2024 but the trial court vide its order dated 25.10.2024 [2025:RJ-JP:5556] (2 of 2) [CTA-446/2024] with a prejudiced mind, dismissed the review petition with cost. Hence, the aforesaid case may be transferred from District and Sessions Judge Jaipur Metropolitan-I, Jaipur to another Court having jurisdiction. Learned counsel for the non-applicant has opposed the same and submitted that against the order dated 30.04.2024, whereby the probate petition has been directed to be tried as civil suit under Section 295 of the Indian Succession Act, civil miscellaneous appeal lies but instead the present transfer petition has been filed by the applicant, irrespective of the fact that on account of not filing the written statement in the suit, the applicant's opportunity to file the written statement has been closed on 25.10.2024 and the matter has been posted by the Court concerned for framing the issues. Heard learned counsel for the parties. Taking into consideration the fact that the order dated 30.04.2024 is appealable but instead of filing an appeal against the said order, with a view to build pressure upon the court concerned, the present transfer application has been filed, I am not inclined to entertain the present transfer application. The transfer application being devoid of merit is liable to be dismissed which stands dismissed with a cost of Rs.25,000/- to be deposited by the applicant with the Rajasthan State Legal Services Authority, Jaipur. Pending application(s), if any, stand(s), disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /23