IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Manmohan Bahl - Appellant
Versus
State of NCT of Delhi - Respondent
C.R.P. 112 of 2022
Decided On : 09-09-2022
| Table of Content |
|---|
| 1. transfer of probate case (Para 1 , 2) |
| 2. old matters require expeditious handling (Para 3 , 4) |
| 3. transfer of case records (Para 5 , 6) |
| 4. conclusion and order of disposition (Para 7 , 9) |
| 5. no merit judgement made (Para 8) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPL.34599/2022 (exemption)
Exemption allowed subject to all just exceptions.
C.R.P. 112/2022 & CM APPL.34598/2022 (stay)
1. Present revision petition has been filed challenging the impugned order dated 06.12.2021.
2. During the course of submissions, learned counsel for the petitioners submits that without going into the merits of the case and the contentions raised by him, he will be satisfied if the probate case bearing PC No.5868/2016 (earlier PC No.196/2011) titled as Veena Bahl & Ors. vs. The State & Anr. is transferred from South District to the South-East District.
3. Learned counsel for the respondent submits that as per instructions, she has no objection to the transfer of the same. However, it has been submitted that since this is an old matter, the Trial Court be directed to conduct the proceedings expeditiously.
4. In view of the submissions made and in exercising the powers under Section 24 CPC, whereby this Court either on an application being moved by the parties or on its own motion, can transfer any suit before any Court subordinate to it to any other competent Court within its jurisdiction. The probate case bearing PC No.5868/2016 (earlier PC No.196/2011) titled as Veena Bahl & Ors. vs. The State & Anr. is withdrawn from the Court of learned ADJ-02, South, Saket Courts, New Delhi and transferred to the Court of the learned Principal District & Sessions Judge, South-East for self assignment or for assigning it to any other Court of competent jurisdiction.
5. The Transferor Court is directed to send the complete record of the case to the Transferee Court.
6. Copy of this order be sent to the learned Principal District & Sessions Judge, South District and the learned Principal District & Sessions Judge, South-East.
7. The parties are directed to appear before the learned Principal District & Sessions Judge, South-East on 21st September, 2022.
8. This Court has not gone into the merits of the case, therefore, this order may not be considered as an expression on the merits of the case. Since this is an old matter, the learned Trial Court is directed to conduct the proceedings expeditiously in accordance with law.
9. In view of the above, the present petition along with all pending applications stands disposed of.
The court has the discretion under Section 24 CPC to transfer cases to ensure efficient handling and timely resolution of matters.
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 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 reaffirmed the significance of jurisdiction and the mutual consent of parties in the transfer of civil suits.
Transfers in judicial proceedings can occur when all parties agree, enhancing efficiency and proper jurisdiction in case management.
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