SHIV KUMARI DEVENDRA OJHA versus RAMAJOR SHITLA PRASAD OJHA AND ORS.

Since respondents agree to bear the petitioner's travel and stay expenses for attending proceedings at Valsad, Gujarat, there is no sufficient justification to transfer the succession application to Pratapgarh; directions given for advance payment and liberty to seek financial assistance for engaging counsel at Valsad.

Parties: Petitioner: Shiv Kumari Devendra Ojha; Respondents: Ramajor Shitla Prasad Ojha and Ors.
Jurisdiction: India
Judgment Date: 13 January 1997
Procedural Posture: Transfer Petition (c) No. 281 of 1996 / Order on Transfer Petition
Outcome: Transfer petition disposed of.
Legal Topics: Transfer of Proceedings, Succession Application

Civil Procedure Transfer of Proceedings Succession Application

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Parties

Shiv Kumari Devendra Ojha

Petitioner

Ramajor Shitla Prasad Ojha and Ors.

Respondents

Procedural Posture

Transfer Petition (c) No. 281 of 1996 / Order on Transfer Petition

Legal Issues

1 Whether succession application pending before Civil Judge, Valsad, Gujarat should be transferred to Civil Judge, Pratapgarh District, Uttar Pradesh given petitioner's inability to travel and bear expenses.

Ratio Decidendi

Court Disposition

Transfer petition disposed of.

Orders

Respondents to pay Rs. 750 to petitioner on each occasion she attends court, amount to be paid in advance.
Petitioner may file application for financial assistance to engage counsel at Valsad.