Read Order: Navneet Saini v. Amit Saini and Another

Monika Rahar

Chandigarh, June 24, 2022:  While dealing with transfer petitions under Section 24 of the CPC, the Punjab and Haryana High Court has held that it is only in exceptional cases that the Court needs to exercise its powers under Section 24 CPC which are in the rarest of rare cases to meet the ends of justice.

The Bench of Justice Fatehdeep Singh was dealing with three transfer petitions under Section 24 of the CPC seeking transfer of three civil suits from the Court at Chandigarh to Derabassi. 

At the very outset the Court opined that there were multiple litigations between the parties and the petitioner- Navneet Saini admittedly was residing in Chandigarh and so were the two respondents Amit Saini and Surinder Bala and therefore, the Court was of the opinion that apparently no case was made out for such an exercise of the power of transfer.

The Counsel for the applicant contended that undoubtedly there were other cases that were pending between the parties but both sides were close relatives who were having a dispute over the very inheritance to the estate of the deceased parents. 

In respect of the above submission, the Court opined, 

“How and by what means the applicant claims this transfer purely because certain matters are pending before the Revenue Court regarding mutation etc., is also not a reason to seek transfer.”

Further, Justice Singh asserted that all the files were pending before the Civil Judge (Junior Division) Chandigarh except one which was pending before Additional Civil Judge, Senior Division, Derabassi and that in any case, adjudication by the single Court will prevent the expression of divergent opinions. 

Moreover, the Court expounded that it is only in exceptional cases that the Court needs to exercise its power under Section 24 CPC which are in the rarest of rare cases to meet the ends of justice and where there are exceptional circumstances. 

Thus, the Court dismissed the applications. 

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