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TUSHAR RAO GEDELA
Delhi Development Authority – Appellant
Versus
Punjab Kesari Publishers Pvt. Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioner challenges the order dated 28.01.2023 whereby on an application under Section 24 CPC, 1908 filed by the respondent in suit bearing No. 576079/2016 titled `M/s. Punjab Kesari Publishers Vs. DDA' pending in the Court of learned ADJ-03, Rohini Courts, North West, was withdrawn and resumed by the learned Principal District & Sessions Judge, North West District, Rohini Courts.
2. Ms. Tripathy, learned counsel appearing for the petitioner submits by pointing at the application that there was no such ground made out which would fall within the purview of Section 24 CPC, 1908 and on the mere ipse dixit of the learned District & Sessions Judge, the matter was withdrawn from the Court of learned ADJ-03, Rohini Courts, North West.
3. Ms. Tripathi submits that this kind of impugned order would be deleterious to the morale of the judicial officers.
4. Per contra, Mr. Rajshekhar Rao, learned senior counsel appearing for the respondent No.1 on advance notice submits that the petition is not maintainable, for the reason that, subsequent to the impugned order, the application under Orde
The court may permit the continuation of a case before a different judge despite finding that the application for transfer did not have the requisite grounds for interference, if it is in the interes....
The principle established is that the consideration of a petition/application under Section 24 of the CPC, 1908 without hearing one of the sides may not be appropriate, especially when the parties ar....
The central legal point established in the judgment is the delineation of the jurisdiction of the Principal District Judge or the Chief Judge, City Civil Court in transferring cases, particularly in ....
The Court has the discretion to direct the petitioner to file a reply to an application under Order 6 Rule 17 of the CPC, 1908 before the Trial Court.
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
The concurrent jurisdiction of the High Court and District Court under Section 24 CPC allows for transfer applications, but a party cannot challenge a transfer order in the same manner after one cour....
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