CUTTACK, India, May 26 -- Orissa High Court issued the following order on April 24:

1. This Transfer Petition has been preferred by the Petitioners, who are the Plaintiffs in Civil Suit No.75 of 2019, for transfer of proceeding in the said Suit from the Court of learned Civil Judge (Senior Division), Salipur in the district of Cuttack to the Court of learned Civil Judge (Senior Division), Kendrapara on the grounds detailed therein.

2. The grounds urged in the transfer petition for transfer of Civil Suit Case No.75 of 2019 are that, after death of the husband of Petitioner No.1, she is residing in her parental house at Kendrapara with her minor daughter. She is dependent on her parents for her livelihood as she has no source of income. There is no male member in her family to accompany her to attend the day to day proceeding at Salipur. The Opposite Parties, who are the parents of her deceased husband, are influential persons of Salipur and she would not be able to contest the case before the Court at Salipur effectively.

3. To substantiate his submission, learned Counsel for the Petitioners relies on the judgment of the Supreme Court reported in (2008) 3 SCC 659 (Kulwinder Kaur Alias Kulwinder Gurcharan Singh Vs. Kandi Friends Education Trust). Paragraph No.23 of the said judgment, being relevant, is reproduced below:

"23. Reading Sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by courts. They are balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; important questions of law involved or a considerable section of public interested in the litigation; "interest of justice" demanding for transfer of suit, appeal or other proceeding, etc. Above are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceeding. They are, however, illustrative in nature and by no means be treated as exhaustive. If on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a "fair trial" in the court from which he seeks to transfer a case, it is not only the power, but the duty of the court to make such order."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kvyto3Cx8OND%2B27cg2ArifdoxWQ5frq%2FC8TFFrQJghBlH&caseno=TRP(C)/103/2026&cCode=1&cino=ODHC010254792026&state_code=11&appFlag=)

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