Punjab-Haryana High Court
Jatinder Kaur And Anr vs Smt. Surjit Kaur And Anr on 10 July, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
T.A.No.326 of 2013 (O&M) #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
T.A.No.326 of 2013 (O&M)
Date of Decision: 10.07.2013
Jatinder Kaur and Anr.
.....Petitioner(s)
Versus
Smt. Surjit Kaur and Anr.
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Prateek Pandit, Advocate for the petitioners.
JASWANT SINGH, J (ORAL)
Petitioners, who are the wife and minor daughter of deceased Baldev Singh are seeking the transfer of the suit filed by the mother and brother of Baldev Singh for declaration of ownership qua the share of his property based on an unregistered will alleged to have been executed by the deceased Baldev Singh.
Since the property is stated to be in Tehsil Baba Bakala, District Amritsar, the suit has been filed in the court of learned Addl. Civil Judge (Sr. Division), Baba Bakala and in view of the wife now residing at Kapurthala, the transfer is sought from Amritsar to Kapurthala. It is stated that the petitioner along her minor daughter is residing with old mother at Kapurthala and there is no male member to accompany her to Baba Bakala to contest the suit and thus, the prayer has been made for entertaining the plea of the transfer of proceedings from Baba Bakala to Kapurthala.
After hearing learned counsel for the petitioners, I find no ground to entertain the plea of such a transfer.
It is not in dispute that the father and brother of the petitioner T.A.No.326 of 2013 (O&M) #2# are employed in Muscat (Oman) and thus, she has sufficient means to pursue her case. It is also not in dispute that distance between two stations is not more than 50 kms and very well connected by road and State Transport Services. It also cannot be lost sight of that the petitioner does not have to present himself on each and every date of hearing. The facts cumulatively taken reveal no ground for ordering the aforesaid transfer.
Dismissed.
July 10, 2013 ( JASWANT SINGH ) manoj JUDGE