Ajay Nigam and Another v. Asha Nigam

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 858 of 2023 Applicant :- Ajay Nigam And Another Opposite Party :- Asha Nigam Counsel for Applicant :- Mithilesh Kumar Srivastava Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicants.

¶2The present transfer application has been filed by the applicants seeking transfer of Case No.93 of 2019 (Asha Nigam Vs. Ajay Nigam & Another) pending before Civil Judge (Senior Division), Agra to some other court.

¶3The record reveals that the applicants have already filed a Transfer Application No.372 of 2023 before the District Judge, Agra which was rejected by District Judge, Agra vide order dated

28.09.2023.

¶4In the instant application, the applicant has not assailed the order of the District Judge rejecting his transfer application. Once an order is passed by the competent court rejecting the transfer application and that is operating against the applicant, the applicant cannot seek transfer of the case without assailing that order. This Court in the case of Babu Singh and others Vs. Raj Bahadur Singh and others passed in Transfer Application (Civil) No.121 of 2021 has held that an order rejecting the transfer application is revisable under Section 115 of C.P.C., therefore, in such view of the fact, the present transfer application is not maintainable.

¶5Consequently, the Transfer Application is dismissed with liberty to the applicants to avail the appropriate remedy available in law. Order Date :- 30.10.2023 Sattyarth High Court of Judicature at Allahabad