2008 (1) TMI 1000 - SC - Indian Laws

Summary

Issues Involved:
1. Transfer of Civil Suit No. 506 of 2003 from Ropar to Chandigarh.
2. Allegations of delay and local pressure affecting the proceedings.
3. Discretionary power of the High Court u/s 24 of the Code of Civil Procedure, 1908.

Summary:

1. Transfer of Civil Suit No. 506 of 2003:
The appeal challenges the High Court's order dated November 17, 2006, which transferred Civil Suit No. 506 of 2003 from the Court of Smt. Asha Kondal, Civil Judge (Sr. Dvn.), Ropar to the Court of Sh. Y.S. Rathore, Additional Civil Judge (Sr. Dvn.), Chandigarh. The High Court's decision was based on the assertion that there was no substantive progress in the suit since its filing in 2003.

2. Allegations of Delay and Local Pressure:
The Trust filed an application u/s 24 of the Code in the High Court, alleging that local pressure and the defendants' tactics were causing delays. The appellant contended that the delay was due to the plaintiff's actions and not the defendants. The High Court, without delving into these allegations and counter-allegations, transferred the suit to Chandigarh, directing expedited proceedings.

3. Discretionary Power of the High Court u/s 24 of the Code:
The Supreme Court highlighted that while the High Court has discretionary power u/s 24 of the Code to transfer cases, such power must be exercised with due care, caution, and circumspection. The Court emphasized that the transfer must be justified by substantial reasons, ensuring a fair trial and addressing the balance of convenience or inconvenience to the parties involved. The Supreme Court found that the High Court's order lacked detailed reasoning and failed to reflect the application of mind to the grounds put forward by the plaintiff.

Conclusion:
The Supreme Court set aside the High Court's order, remitting the matter for fresh disposal in accordance with law after hearing the parties. The Court clarified that it did not express any opinion on the allegations and counter-allegations, leaving the High Court to decide the matter on its own merits. The appeal was allowed without any order as to costs.