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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




The court may transfer a civil suit to the competent jurisdiction based on mutual agreement of the parties involved regarding territorial jurisdiction.

Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of Civil Suit - Transfer petition sought for moving Civil Suit No. DJ 577490/16 from the court of ADJ-04, North-West District, Rohini Court to the court of the Principal District & Sessions Judge, North District, Rohini Courts - Both parties agree on the transfer based on territorial jurisdiction. (Paras 1-5)

Facts of the case:
The transfer petition was filed to facilitate a change of jurisdiction for a civil suit involving property located in North District, prompting a request for reassignment to the appropriate court.

Findings of Court:
The court has directed that the case be withdrawn from the original ADJ court and reassigned to the Principal District & Sessions Judge for further proceedings.

Issues: The primary issue addressed was the appropriate jurisdiction for the civil suit involving property situated in the North District of Rohini.

Ratio Decidendi: The court highlighted that since both parties concurred on the suitability of the transfer and the original court acknowledged jurisdiction, the reassignment was justified for administrative efficiency.

Result: Petition disposed of.

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.

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