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2014 Supreme(Del) 2886
DELHI HIGH COURT
Valmiki J. Mehta, J.
Mrs. Monica Malik - Appellant
Versus
Mr. Amit Malik - Resopndent
TR.P(C) No.26/2014
Decided On : 28-03-2014
For the Petitioner:Ms. Gurmeet Bindra, Advocate.
The convenience of a party alone is not a valid ground for transferring cases under Section 24 of CPC.
Headnote:
Section 24 CPC - Transfer of Cases - Convenience of Party
Fact of the Case:
The petition under Section 24 of CPC was filed seeking transfer of cases, citing convenience as the primary ground.
Finding of the Court:
The court found no merit in the petition as the pleadings of the proposed cases were not filed, and the common questions of law and fact were not stated. Additionally, the mere proximity of one district court over another was not considered a valid ground for transfer.
Issues: The issues revolved around the grounds for transferring cases under Section 24 of CPC, and the impact of such transfer on the consolidation and trial of existing cases.
Ratio Decidendi: The court emphasized that the convenience of a party alone is not sufficient to warrant the transfer of cases under Section 24 of CPC. It also highlighted the potential prejudice to the trial of an existing case at an advanced stage if the transfer was allowed.
Final Decision: The petition under Section 24 of CPC for the transfer of cases was dismissed.
Valmiki J. Mehta, J :-- (ORAL)
1. There is no merit in the petition under Section 24 of Code of Civil Procedure, 1908 (CPC) for various reasons inasmuch as neither pleadings of the cases which are proposed to be transferred have been filed, and nor the common questions of law and fact in the two cases have been stated. More importantly, the basic ground seeking transfer under Section 24 of Code of Civil Procedure, 1908 (CPC) is only the convenience of a party i.e petitioner herein.
2. Merely because now there are more than one district courts in Delhi, and that one of the district courts is nearer than other district court, the same is not a ground for invoking or exercising powers under Section 24 CPC. If the prayer of the petitioner is allowed, then, consolidation of cases will prejudice trial of the earlier case which is at an advanced stage.
3. Dismissed.
