IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Jai Wati Chauhan - Appellant
Versus
Ganga Singh - Respondent
TR.P.(C.) 84 of 2022
Decided On : 22-11-2022
| Table of Content |
|---|
| 1. jurisdiction of civil suit property (Para 1 , 2 , 3) |
| 2. request for court transfer (Para 4) |
| 3. instructions for record transfer (Para 5 , 6 , 7) |
| 4. final order and disposition of case (Para 8 , 9) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a transfer petition under Section 24 of the CPC for transfer of Civil Suit no. DJ 577490/16, titled as "Jaiwati Chauhan Vs. Ganga Singh & Ors." pending before the learned ADJ-04, North-West, District, Rohini Court, Delhi to the competent court of jurisdiction under the learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi.
2. Both the parties submit that the suit property i.e. 104, Village Dhaka, falls within the revenue estate of North District, Rohini, Delhi.
3. In this regard, the learned ADJ-04, North-West District, Rohini Court, Delhi also passed an order dated 4th July, 2022, inter alia mentioning that the suit property no. 104, Village Dhaka, Delhi, falls within territorial jurisdiction of courts of North District.
4. Both the parties submit that the matter may therefore be transferred to the Court of the learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi for assigning it to court of competent jurisdiction.
5. In view of the submissions, Civil Suit no. DJ 577490/16 is withdrawn from the court of Ld. ADJ-04, North-West District, Rohini Courts, Delhi and is assigned to the Ld. Principal District and Sessions Judge, North District, Rohini Courts, Delhi trying himself for assigning it to court of competent jurisdiction.
6. The transferor court is directed to transfer all the record pertaining to Civil Suit No. DJ 577490/16, titled as "Jaiwati Chauhan Vs. Ganga Singh & Ors." to the transferee court.
7. Copy of this order be sent to the court of learned Principal District & Sessions Judge, North-West District, Rohini Courts, Delhi and learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi.
8. Parties are directed to appear before learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi on 2nd December, 2022.
9. With the above directions, the petition stands disposed of.
The court may transfer a civil suit to the competent jurisdiction based on mutual agreement of the parties involved regarding territorial jurisdiction.
Jurisdictional relevance is crucial for the transfer of civil suits, emphasizing the need for judicial efficiency without allowing delay tactics.
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 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....
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