SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



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




The court has the discretion under Section 24 CPC to transfer cases to ensure efficient handling and timely resolution of matters.

Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of suits - Revision petition seeking transfer of probate case from one district to another to facilitate expedited hearing - Both parties agree to the transfer, and the court exercises its powers to ensure expeditious proceedings. (Paras 4, 8)

(B) Judicial efficiency - Court emphasizes the need for timely resolution of old matters and directs the trial court to conduct proceedings expediently. (Para 8)

Facts of the case:
The revision petition was filed challenging an order on the grounds that the probate case should be transferred from South District to South-East District, a request supported by the respondent.

Findings of Court:
The probate case was transferred to the South-East District for expedited handling, with directions to send complete records and notify the respective court judges.

Issues: The main issues involved the transfer of jurisdiction for a probate case and ensuring efficient handling of old matters.

Ratio Decidendi: The court ruled that under Section 24 CPC, it can transfer cases between subordinate courts to enhance judicial efficiency and facilitate quicker resolutions.

Result: Petition disposed of.

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.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top