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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Dalip Kumar Saluja - Appellant
Versus
Vijay Kumar Saluja - Respondent
TR.P.(C.) 6 of 2022, CM Appl. 4692 of 2022
Decided On : 04-07-2022
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for transfer under Section 24 of the CPC for transferring the case titled as "Vijay Kumar Saluja v. Dalip Kumar Saluja" bearing CS No. 1266/2021 pending in the Court of learned Civil Judge, District West, Tis Hazari Courts, Delhi before this Court. It has been submitted that a suit for declaration tilted as "Dalip Kumar Saluja v. Vijay Kumar Saluja" bearing CS (OS) No. 24/2021 is pending disposal before this Court.
2. Learned counsel for the petitioner submits that in both the suits, the subject matter of the property is 3/131, Ramesh Nagar, New Delhi-110015 and therefore in order to avoid any contradictory decisions, it would be in interest of justice that the suit pending before learned Civil Judge bearing CS No. 1266/2021 be transferred to this Court.
3. Ms. Beenashaw N. Soni, learned legal Aid counsel for respondent No.1 states that as per instructions, she has no objection if the CS No. 1266/2021 pending before learned Civil Judge, District West, Tis Hazari Courts, Delhi is transferred to this Court.
4. Learned counsel for the petitioner has invited the attention of this Court to the order dated 9th March, 2022 whereby it has been recorded that respondent No.2 and 3 have not joined the proceedings despite being served.
5. It has further been submitted that even otherwise, the suit bearing CS No. 1266/2021 which is to be transferred, is only between petitioner and respondent No.1.
6. In view of the submissions made, the present petition is allowed.
7. The civil suit bearing CS No. 1266/2021 titled as "Vijay Kumar Saluja v. Dalip Kumar Saluja" is withdrawn from the Court of learned Civil Judge, District West, Tis Hazari Courts, Delhi and transferred to this Court.
8. Registry is directed to take necessary steps for requisition of the record and for placing it before the Roster Bench as per directions of Hon'ble the Chief Justice.
9. In view of the above, the present petition along with pending applicaiton stands disposed of.
Transfer of suits under Section 24 of the CPC is permissible to ensure consistency and avoid contradictory decisions when the subject matter is similar.
Transfer of cases between courts must balance judicial efficiency and avoidance of conflicting judgments, emphasizing the importance of stages in proceedings.
The court has authority under Section 24 CPC to transfer cases for the convenience of trial while avoiding inconsistent judgments.
Transfer of suits under Section 24 of CPC requires clear similarity of cause of action or parties; advanced stage of trial weighs against transfer.
Jurisdictional relevance is crucial for the transfer of civil suits, emphasizing the need for judicial efficiency without allowing delay tactics.
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.
The main legal point established in the judgment is the court's discretion to transfer suits to avoid conflicting judgments and ensure the interest of justice.
When multiple cases involve the same subject matter, consolidation is justified to ensure efficient adjudication and prevent conflicting judgments.
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