1

District: Howrah
In the High Court at Calcutta
Civil Appellate Jurisdiction

CO No. 1795 of 2012

Asis Kumar Mal

Plaintiff / Petitioner
Versus
Vivekananda Mal and others
Defendants / Opposite
parties

Affidavit in Reply on behalf of the Petitioner

I, Sri Asis Kumar Mal, Son of Late Aswini Kumar Mal, aged about 58
years, by faith Hindu, by occupation - Business Residing at 28/5, A. K.
Mukherjee Road, Kolkata 700090, do hereby solemnly affirm and say as
follows :

1. That I am the sole Petitioner of this case and as such I am well

conversant with the facts and circumstances of this case and as such
am competent to affirm this affidavit.

2. That the instant application has been taken out by me being the sole
petitioner inter alia prayed for Transfer of the Title Suit No. 20 of 2012
pending before the Learned Civil Judge (Senior Division) Bakura to
any Court of Learned Civil Judge (Senior Division) at Alipore
(hereinafter referred to as the said application).

3. That an opposition to the said application has been taken out by the
opposite parties supported by affidavit affirmed by the opposite party
no. 1 affirmed on 27th July, 2012, (hereinafter referred to as the said
opposition) the copy of the said opposition has been served upon my
Advocate on record and I have gone through the statements
averred in the said opposition and have understood the meaning and
purport of the statements averred therein.

4. That to avoid prolixity and / or repetition I have been advised to deal

with and/or traverse only those allegations and/or statements averred
in the said opposition and to refer such facts that may be material
and/or relevant for complete adjudication of the dispute involved in
the instant application and I refrain from dealing with rest of the
allegations and / or statements averred in the said opposition.

5. That Save which are borne out of record and save which has been
hereinafter expressly admitted by me all other statements made in the
said oppositions are denied by me as if the same has been copied
therefrom and denied by me herein in seriatim.

6. That with regard to the statements made in paragraph no. 1, 2, 3 to

the said opposition I say that the statement averred therein are
matters on record.

7. That with regard to the statements made in paragraph no. 4 & 5 to

the said opposition I deny the statement averred therein in seriatim, I
reserve my right to argue on the same at the time of hearing.

8. That with regard to the statements made in paragraph no. 6 to the

said opposition I say that the statement averred therein are
misconceived and in that regard I repeat and reiterate the statement
made by me in the paragraph no. 4 to the said application. I deny that
the entire suit property as described in the plaint is situated within
the territorial jurisdiction of Learned Civil Judge (Senior Division),
Bishnupur, District Bakura and as such the Learned Court before
whom the said suit has been instituted has no jurisdiction to
adjudicate the same. I further deny that the said suit has been filed
before the wrong forum with a harrasive and malafide intention at
almost 70 kilometer away from Bishnupure, wherein the suit property
situated and also where the opposite parties no. 1, 2, 3 and 4 resides.

9.

That with regard to the statements made in paragraph no. 7 to the

said opposition I deny and despite the statement made therein in
seriatim and I repeat and reiterate the statement made in the
paragraph no. 5 to my said application. I deny that the plaintiff /
petitioner is living and heartily and those orthopedic ailments
complained of are nothing but an attempt to draw sympathy by
creating illusion before this Honble Court as wildly alleged. I further
deny that I have / had any evil, harrasive intention of transferring the
said suit. I further state and submit that the medical prescriptions as
annexed annexure P-2 are genuine one, veracity of which has been
challenged in the paragraph under reference.

I further state that I

am still suffering from the orthopedic ailments and it is really

impossible and inconvenient for me to travel a long distance at about
480 KM.

10. That with regard to the statements made in paragraph no. 8 to the
said opposition I deny and despite the statement made therein in

seriatim. On that score I submit that it is very much inconvenient for

me to travel almost 480 KM to attend the day to day proceeding of the
concerned suit even through my personal car due to the acute
orthopedic ailment in which I have been suffering since long.

11. That with regard to the statements made in paragraph no. 9 and 10
of the said opposition I deny and dispute the statement made therein
in seriatim. I submit that according to the Section 24 of the Code the
either of the party of Civil proceeding can seek transfer of a Civil
Proceeding and your petitioner craves your Lordships leave to make
appropriate submission on that regard at the time of hearing. I deny
that if the instant application is allowed and the suit is transferred to
Alipore the right of the petitioner to defend the suit shall be
prejudiced. In traversing the statement made in paragraph no. 9 and
10 of the said opposition I repeat and reiterate the statement made by
me in the paragraph no. 7, 8 and 9 of the said application.

12.

That with regard to the statements made in paragraph no. 11, 12, 13,
14 and 15 to the said opposition I deny and despite the statement
made therein in seriatim. I deny and dispute that in the event the suit
is transferred to the Alipore the opposite parties would have to face
any sort of difficulty and I also deny that the comparative hardship
lies in favour of the opposite parties. I further deny that I seek transfer
of the concerned suit on the flimsy ground of my ill health as wildly
alleged. I deny that if the concerned suit is transferred the same
would be abuse to the process of law. On the contrary I submit that if
the concerned suit is transferred by the interference of this Honble
Court by exercising its power under Section 24 of the Code the same
shall be just and proper. I deny that the grounds set forth in the said
application are frivolous, harrasive in nature and I also deny that the
application is liable to be dismissed. I deny that if the instant suit is
transferred to Alipore the either of the opposite parties shall suffer
irreparable loss and injury and which shall certainly not meet the
ends of justice.

13.

That I emphatically state and submit that on the basis of the ground
set forth in my said application and on the backdrop of factual
scenario as averred in my said application under Section 24 of the
Code of Civil Procedure the prayer made in my said application is to
be allowed and unless the Title Suit No. 20 of 2012 pending before the
Learned Civil Judge (Senior Division) Bakura be transferred to any
Court of Learned Civil Judge (Senior Division) at Alipore I would suffer
immensely.

14.

That the statements made in paragraphs nos. 1, 2, 4, 7, 8, 9, 10, 11

and 12 are true to my knowledge and the statement made in
paragraph nos. 3 and 6 are the information being derived from the
record which I verily believe to be true and correct and rest are my
humble submissions before this Honble Court.

Prepared in my office :
Advocate

Deponent is known to me
Clerk to :

Solemnly affirm before me

On this the
day of January, 2013

Advocate

Commissioner