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Rasidunnisha v. Chhajibunnisha - TRANSFER APPLICATION (CIVIL) No. 328 of 2005  RD-AH 4142 (6 October 2005)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the applicant.
The applicant, defendant in Original Suit No.1061 of 1990, filed this application with the prayer that the suit be transferred from Gorakhpur to any other competent court of Districtj Maharajganj. In paragraph 4 of the affidavit filed in support of this application it has been assertted that the subject matter of the case is within the jurisdiction of district Gorakhpur. The only ground for transfer, as apparent from paragraphs 5, 6 and 7, is that both the plaintiff and defendants are resident of district Maharajganj. It is further asserted that the applicant as well as opposite party, both will do their effective pairvi if the suit is transferred to district Maharajgaj. It is then asserted that the husband of the applicant is 60 years old and handicapped and because of that the applicant is not able to make effective pairvi of the case.
In my opinion the grounds taken by the applicant do not make out a case for transfer of the case from Gorakhpur to Maharajganj. This transfer application has no force and is accordingly rejected.
mhu - TA 328/05
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