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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Sandesh Chawla - Appellant
Versus
Union of India - Respondent
TR.P.(C.) 38 of 2022
Decided On : 23-09-2022
| Table of Content |
|---|
| 1. existence of case transfer petition. (Para 1) |
| 2. creation of shahdara district relevant to jurisdiction. (Para 2) |
| 3. transfer of case to appropriate court. (Para 3) |
| 4. directions for procedural compliance. (Para 4 , 5 , 6) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a transfer petition filed for transfer of the case bearing LAC No.18/2018 titled as Sandesh Chawla & Ors. vs. Union of India pending before the Court of learned ADJ-1, North East, Delhi to the competent Court of jurisdiction under learned Principal District & Sessions Judge, Shahdara.
2. Learned counsel for the respondents submits that in fact at the time when the reference was made, there was only one district and pursuant to the reference, a separate district of Shahdara came into existence.
3. In view of creation of Shahdara District and since the subject matter falls within the jurisdiction of Shahdara District, it is directed that LAC No.18/2018 titled as Sandesh Chawla & Ors. vs. Union of India be withdrawn from the Court of learned ADJ-1, North East, Delhi and transferred to the Court of learned Principal District & Sessions Judge, Shahdara for self-assignment or for assigning it to any other Court of competent jurisdiction.
4. Let copy of this order be sent to learned Principal District & Sessions Judge, North East and the learned Principal District & Sessions Judge, Shahdara. The transferee Court is directed to send the entire case record to the transferor Court.
5. Parties are directed to appear before the learned Principal District & Sessions Judge, Shahdara on 06th October, 2022.
6. Accordingly, present petition stands disposed of.
The establishment of Shahdara District necessitates the transfer of jurisdiction for cases to ensure procedural conformity with administrative changes.
Transfers in judicial proceedings can occur when all parties agree, enhancing efficiency and proper jurisdiction in case management.
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.
The court reaffirmed the significance of jurisdiction and the mutual consent of parties in the transfer of civil suits.
Territorial jurisdiction for civil suits must align with the current residence of the parties involved, allowing for efficient court proceedings.
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....
Transfer of civil suits arising from the same transaction is necessary to prevent contradictory judgments and ensure judicial efficiency.
Consent of parties is paramount in transferring cases under the Hindu Marriage Act, ensuring expedient judicial resolution.
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