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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Ashok Gupta - Appellant
Versus
Lalit Kumar Gupta - Respondent
TR.P.(C.) 50 of 2022
Decided On : 04-08-2022
| Table of Content |
|---|
| 1. transfer of civil suit based on jurisdictional convenience. (Para 1 , 2) |
| 2. argument regarding potential delay in proceedings. (Para 3) |
| 3. court's instruction for transfer to competent jurisdiction. (Para 4) |
| 4. administrative orders following court's decision. (Para 5 , 6 , 7) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present transfer petition has been moved for transfer of a civil suit bearing CS DJ No.206/2018 titled Ashok Gupta & Others vs. Lalit Kumar Gupta & Anr. from the Court of learned Additional District Judge-04 (North), Rohini Courts, Delhi to the Court of the learned Principal District & Sessions Judge (North-West), Rohini Courts, Delhi.
2. It has been submitted that the property lies in the North-West District and therefore the present suit bearing CS DJ No.206/2018 may be transferred to the Court of the learned Principal District & Sessions Judge (North-West), Rohini Courts, Delhi.
3. Learned counsel for the respondents submits that in fact another suit between the same parties and involving identical subject matter, is already pending in the North-West District in which the petitioner has been proceeded ex-parte. Learned counsel for the respondents submits that therefore the present transfer petition has been moved just to delay the proceedings.
4. Since the subject matter lies in the North-West District, the civil suit bearing CS DJ No.206/2018 titled Ashok Gupta & Others vs. Lalit Kumar Gupta & Anr. is transferred from the Court of learned Additional District Judge-04 (North), Rohini Courts, Delhi to the Court of the learned Principal District & Sessions Judge (North-West), Rohini Courts, Delhi for assignment of the same to the Court of competent jurisdiction.
5. Let copy of the orders be sent to learned Principal District & Sessions Judge (North) and learned Principal District & Sessions Judge (North-West). Learned ADJ-04 (North) is directed to send the complete record of the case file to the learned Principal District & Sessions Judge (North-West).
6. Parties are directed to appear before learned Principal District & Sessions Judge (North-West) on 18th August, 2022.
7. The present petition stands disposed of.
Jurisdictional relevance is crucial for the transfer of civil suits, emphasizing the need for judicial efficiency without allowing delay tactics.
The court may transfer a civil suit to the competent jurisdiction based on mutual agreement of the parties involved regarding territorial jurisdiction.
Transfer of suits under Section 24 of the CPC is permissible to ensure consistency and avoid contradictory decisions when the subject matter is similar.
The court reaffirmed the significance of jurisdiction and the mutual consent of parties in the transfer of civil suits.
Transfer of civil suits arising from the same transaction is necessary to prevent contradictory judgments and ensure judicial efficiency.
The court affirmed that transfer of cases should consider the interests of justice and efficiency, rejecting transfer on grounds of territorial jurisdiction when substantial judicial time has been in....
The establishment of Shahdara District necessitates the transfer of jurisdiction for cases to ensure procedural conformity with administrative changes.
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