ASSAM v. JAMAL UDDIN MAZUMDER & Anr.

Advocate for the Petitioner : MR. N H MAZARBHUIYAN, I S MAZARBHUIYAN,MR R I BHUYAN,MR. M H SAIKIA,MS. L WAJEEDA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA Date - 18.06.2026 ORDER

Heard Ms. L. Wajeeda, the learned counsel for the petitioners.

This application under Section 24 of the Code of Civil Procedure, 1908 has been filed by the petitioners praying for transfer of T.S. No. 213/2020 from the Court of the learned Civil Judge, Junior Division No. Page No.# 4/5 2, Hailakandi to the court of the learned Civil Judge, Senior Division, Hailakandi.

As the present petitioner has approached this court instead of approaching the appropriate Court, i.e., the Court of the learned District Judge, Hailakandi, a query was posed to the learned counsel for the petitioners as to why same was done. On this, the learned counsel for the petitioners informed this Court that the petitioners initially approached the Court of the learned District Judge, Hailakandi. However, the petition was not accepted by the learned District Judge and was returned to the petitioners.

On this, a report as regards the allegations made by the learned counsel for the petitioners, was called for from the Court of the learned District Judge, Hailakandi.

Today, the learned District Judge has submitted report dated

16.06.2026, in which it is admitted by the learned District Judge that the concerned lawyer of the petitioners presented the Transfer Petition at around 12.30 pm and requested the Bench Assistant to put up the same before the learned District Judge. However, as an earlier instruction has already been issued to the office staff by the learned District Judge that in event of belated filing of such petition, the same should be put up before the learned District Judge before registration of the same, it was not registered and put up before the learned District Judge before registration. It also appears that from the report of the learned District Judge that the learned District Judge advised the Page No.# 5/5 counsel to get the petition to be typed and accordingly, the same was collected back by the learned counsel for the petitioners.

The instructions of the learned District Judge regarding putting up of petition even before assigning a petition number or registration number to it before the learned District Judge does not appears to be in accordance with rules. Any petition or application filed by the any petitioner has to be registered and thereafter, put up before the Court for passing a judicial order. If there is any defect in filing of the same petition, the same may be reflected in the judicial order so that the aggrieved party may approach higher courts for appropriate relief.

On such filing of the petition, the same shall be registered in accordance with the provisions of the High Court Civil Rules and Orders and same shall be put up before the learned District Judge for passing a judicial order after considering the same on merits.

With the above observation, this Transfer Petition is disposed of. JUDGE Comparing Assistant