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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Arvind Tripathi - Appellant
Versus
P.P. Singh - Respondent
TR.P.(C.) 40 of 2022
Decided On : 03-06-2022
The court reaffirmed the significance of jurisdiction and the mutual consent of parties in the transfer of civil suits.
Headnote:(A) Transfer of Proceedings - Representation of no objection from the opposing party - Jurisdictional issues in civil suit transfer - Petition for transfer of Civil Suit No. 6459 of 2016 was allowed based on the agreement between parties regarding the jurisdiction. (Paras 1-3)
Facts of the case:
The petitioner sought the transfer of a civil suit based on jurisdictional grounds, and the respondent conveyed no objection to the transfer.
Findings of Court:
The suit was ordered to be transferred to the appropriate court within the jurisdiction.
Issues: The issue addressed was whether the civil suit could be transferred based on the territorial jurisdiction and mutual consent.
Ratio Decidendi: The court emphasized the importance of jurisdictional competence and consent between parties in transferring civil proceedings.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. transfer of suit based on jurisdiction. (Para 1) |
| 2. no objection to the transfer. (Para 2) |
| 3. order for transfer to appropriate court. (Para 3) |
| 4. placement of case for assignment. (Para 4) |
| 5. disposal of petition. (Para 5) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPL.27635/2022 (exemption)
Exemption allowed subject to all just exceptions.
TR.P.(C.) 40/2022
1. Present petition has been filed for transfer of civil suit no. 6459 of 2016 titled Arvind Tripathi versus Mr P.P. Singh pending before Ms. Poja Talwar Additional District Judge, South District, Saket Court, New Delhi to the court of competent jurisdiction of Additional District Judge, South East District, New Delhi. It has been stated that South East District has the territorial jurisdiction.
2. Learned counsel for the petitioner states at bar that the learned counsel for the respondent has sent an e-mail dated 24.05.2022 giving `no objection'.
3. In view of the statement made by learned counsel for the petitioner at bar, Civil Suit No. 6459 of 2016 titled Arvind Tripathi versus Mr P.P. Singh pending before Ms. Poja Talwar Additional District Judge, South District, Saket Court, New Delhi be transferred to the court of competent jurisdiction of Additional District Judge, South East District, New Delhi.
4. Let the matter be placed before learned Principal & Sessions Judge South East District on 05th July, 2022 for assigning the matter to the Court of competent jurisdiction.
5. In view of the above, the present petition stands disposed of.
