MOHIT KUMAR AND ANOTHER v. STATE OF U.P. AND 4 OTHER
TACL/388/2025 · 2025-05-29
Saral Srivastava
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 65485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65485 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93683 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 388 of 2025 Applicant :- Mohit Kumar And Another Opposite Party :- State Of U.P. And 4 Other Counsel for Applicant :- R.P. Mishra Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the applicant.
2. The present application has been filed by the applicant seeking transfer of Original Suit No.56 of 2022 (Vishram Sagar Vs. State of U.P. and Others) pending in the Court of Civil Judge (Junior Division), Kanpur Nagar to the competent Court at Lucknow.
3. The only submission advanced by the learned counsel for the applicant is that plaintiff at the time of institution of suit was residing at Kanpur Nagar, and now he has shifted to Lucknow, and he being aged about 70 years, will face serious hardships in travelling to Kanpur Nagar, therefore, in the interest of justice, it is prayed that the Original Suit No.56 of 2022 (Vishram Sagar Vs. State of U.P. and Others) pending in the Court of Civil Judge (Junior Division), Kanpur Nagar may be transferred to the competent Court at Lucknow.
4. Be that as it may, the ground on which transfer of aforesaid suit has been sought cannot be sustained for the reason that if the suit is permitted to be instituted at the choice of plaintiff, that would be against the spirit of the relevant provision of Civil Procedure Code providing the territorial jurisdiction for institution of suit.
5. Accordingly, the present transfer application is dismissed with no order as to costs. Order Date :- 30.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad