Supreme Court Middle Income Group Legal Aid Society vs Vidyasagar

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Transfer Petition(s)(Civil) No.640 of 2019

SUPREME COURT MIDDLE INCOME GROUP LEGAL AID SOCIETY Petitioner(s)

VERSUS

VIDYASAGAR Respondent(s)

O R D E R

Heard the learned counsel appearing for the Petitioner.

The petitioner is the Supreme Court Middle Income Group Legal

Aid Society. The prayer in this petition under section 25 of the

Code of Civil Procedure, 1908 is for transfer of a Civil Suit filed

by the respondent against the petitioner in the court of the

Learned Single Judge, Senior Division, Ludhiana to Patiala House

Court, New Delhi. The Office report records that respondent has

been duly served. None has filed appearance for the respondent. On

20th May 2020, when this petition came up before this Court,

following order was passed:-

“Mr. Raju Ramachandran, learned senior counsel,

appearing on behalf of the petitioner-society,

submits that the respondent has filed the suit, the

transfer of which is asked for, before the Court of Signature Not Verified Civil Judge, Senior Division, Ludhiana, for refund Digitally signed by Indu Marwah Date: 2021.12.09 19:02:01 IST Reason: of three times of Rs. 8,500/- paid as legal fee

plus Court Fee of Rs. 225/- and litigation cost of

Rs. 5,000/- plus compound interest. His submission 2

is that the sum of Rs. 8,500/- was deposited with

the Legal Aid Society in the year 2009 for

instituting a writ petition and subsequently

certain other cases were also filed on his behalf.

However, submission of Mr. Raju Ramachandran is

that the Society is inclined to refund the original

sum deposited but it would be extremely

inconvenient for members of the Society to defend

the suit in Ludhiana.

As the respondent is not before me, in my

opinion, some more time may be given to enable him

to put his appearance in this proceeding.

Let hearing of this petition stand adjourned

by a period of sixteen weeks.

The interim order passed on 15.4.2019 to

continue until further orders.”

Notwithstanding the grant of opportunity, the respondent has

not appeared and contested the petition. I have perused the

annexures to the petition including the plaint. My attention is

invited to paragraph 11 of the plaint in which the respondent

claims that the Court at Ludhiana has jurisdiction.

Considering the object for which the petitioner society has

been established, continuation of proceedings in the Court of

Ludhiana will cause prejudice to the petitioner which is the Legal

Aid Society established for providing the Legal Aid to the middle

income group. Therefore, a case is made out by passing an order of

transfer.

3

The Transfer Petition is allowed.

C.S. No. 1184 of 2019, titled “ Vidyasagar vs. Supreme Court

Middle Income Group Legal Aid Society, pending before the court of

Civil Judge, Senior Division, Ludhiana,” shall be transferred to

the appropriate competent Court in the Patiala House Court, New

Delhi.

.................................J. [ABHAY S. OKA]

NEW DELHI;

DECEMBER 03, 2021