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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Gajender Kumar - Appellant
Versus
Janak Raj - Respondent
TR.P.(C.) 30 of 2022
Decided On : 27-05-2022
| Table of Content |
|---|
| 1. transfer petition basis and jurisdiction (Para 1 , 2) |
| 2. objections to transfer petition rejected (Para 3) |
| 3. judicial efficiency in transfer matters (Para 4) |
| 4. approval of transfer petition (Para 5) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This order shall dispose of the transfer petition filed under Section 24 (1) (B) (ii) of the Code of Civil Procedure for transfer of the Execution Petition titled as Gajender Kumar vs. Janak Raj & Anr. bearing Ex.No.75/2020 presently pending adjudication before the learned Senior Civil Judge, South District, Saket District Court, New Delhi to the court of learned Senior Civil Judge, South-East District, Saket District Court, New Delhi or any other court in South East District, Delhi of competent jurisdiction to try, hear and adjudicate the same.
2. The reason for seeking transfer of the case is that the subject matter of the property falls within the territorial jurisdiction of South-East District, New Delhi.
3. Learned counsel for the respondent states that he may be given an opportunity to file reply as the objection is that for the purpose of Section 24 of CPC, the court of Rent Controller is not a court subordinate to this Court. I consider that this contention is to be noted only to be rejected. This court disapproves such pleas taken by learned counsel for the respondent. The High Court besides the power under Section 24 of the CPC has the power under Article 227 of the Constitution of India.
4. These are small matters. I consider that in such matters even calling for the reply is only wastage of the precious judicial time. The courts of South and South-East Districts are situated within the same court complex. I consider that no prejudice is going to be caused to the respondent in any manner, rather it would obviate any technical jurisdiction which may arise in the future.
5. Hence, the present transfer petition is allowed. EX. No. 75/2020 is directed to be transferred from the court of learned Senior Civil Judge, South District, Saket District Court, New Delhi to the court of learned Senior Civil Judge, South - East District, Saket District Court, New Delhi and the trial Court, South-East District shall proceed from the point at which it is transferred as per Section 24 (2) of the CPC.
The High Court can transfer execution petitions within jurisdiction for judicial efficiency under Section 24 of the CPC and Article 227 of the Constitution.
The court may transfer a civil suit to the competent jurisdiction based on mutual agreement of the parties involved regarding territorial jurisdiction.
The court may transfer pending civil suits to avoid parallel proceedings and conflicting judgments regarding the same parties and subject matter, as per Section 24 of the Code of Civil Procedure.
Court has the authority under Section 24 of the CPC to transfer proceedings between courts to ensure efficient handling and continuity of cases.
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 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.
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