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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Sh Ashok Kumar Bhola - Appellant
Versus
State of NCT of Delhi. & Ors. - Respondents
TR.P.(C.) 28 of 2024
Decided On : 16-02-2024
Transfer - Probate Case - The court ordered the transfer of Probate Case 36/2023 from the court of the learned Additional District Judge, South-East, District Saket, to the competent court in the South District, Saket.
Fact of the Case:
The petitioner sought transfer of Probate Case 36/2023 from one court to another due to it being inadvertently filed before the wrong court.
Finding of the Court:
The court granted the transfer as requested by the petitioner and the respondents had no objection to the transfer.
Issues: Transfer of Probate Case from one court to another.
Ratio Decidendi: The court's decision was influenced by the consent of the respondents and the petitioner's request for transfer due to inadvertent filing.
Final Decision: Probate Case 36/2023 (Ashok Kumar Bhola v. State of NCT of Delhi) stands transferred from the court of learned ADJ, South-East, District Saket to the competent court in the South District, Saket.
ORDER (Oral)
1. By this petition, the petitioner in Probate Case 36/2023 (Ashok Kumar Bhola v. State of NCT of Delhi) seeks transfer of the Probate Case from the court of the learned Additional District Judge, South- East, District Saket, to the competent court in the South District, Saket.
2. It is submitted by Mr. Tarun Kumar Tiwari, learned Counsel for the petitioner, that the probate case was inadvertently filed before the learned District Judge, South-East, District, Saket.
3. Mr. Vinod Kumar Bhola, who appears in person, represents Respondents 2 and 3. Respondent 1 is State of NCT of Delhi, which is represented by Mr. Udit Malik, learned ASC. Learned Counsel for the respondents have no objection to the probate case being transferred as sought in this petition.
4. Accordingly, Probate Case 36/2023 (Ashok Kumar Bhola v. State of NCT of Delhi) stands transferred from the court of learned ADJ, South-East, District Saket to the competent court in the South District, Saket.
5. The Registry of the Saket Court is directed to forthwith transmit the papers of this case to the Court of learned District Judge, South District, Saket, who would assign it to the competent court.
6. The probate case would proceed from the stage at which it is at present.
7. This petition is disposed of in the aforesaid terms.
The court has the authority to transfer a probate case from one court to another upon the request of the petitioner and with the consent of the respondents.
The court has the discretion under Section 24 CPC to transfer cases to ensure efficient handling and timely resolution of matters.
The central legal point established in the judgment is the court's authority to direct the transfer of a separate civil suit to be tried along with a probate case, based on the commonality of contest....
Transfers in judicial proceedings can occur when all parties agree, enhancing efficiency and proper jurisdiction in case management.
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