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2015 Supreme(Gau) 860

N.CHAUDHURY
Pomi Sengupta – Appellant
Versus
Biswajit Sengupta – Respondent


Advocates Appeared:
For the Petitioner:Mr. R Dev, Advocate
For the Respondent: Mr. B Banerjee, learned Amicus Curiea, Mr. K Dorji, Adv.

JUDGMENT

1. The main point for determination in this case is whether High Court in exercise of power under Section 24 of the Code of Civil Procedure can transfer a proceeding pending in one State to another court in another State merely because both the courts are under territorial jurisdiction of the same High Court. Considering the gravity of the point for determination, this court requested Mr. B Banerjee, learned senior counsel who was present in the court to render required assistance as Amicus Curiae and the learned senior counsel readily agreed to the request.

2. I have heard Mr. B Banerjee, learned senior counsel, Amicus Curiae Mr. K Doji for the respondents and Mr. Mr. R Dev on behalf of the petitioner.

3. The facts involved in the present proceeding is that opposite party Biswajit Sengupta who is a permanent resident of Tinsukia at present residing at Tezu in the State of Arunachal Pradesh in course of his employment. He married the petitioner herein on 17.4.2008 at Digboi within the State of Assam following Hindu rites. The parties started their matrimonial life at Shripuria Pathar in the District of Tinsukia and thereafter went to Tezu where the respondent No. 1 was resi




































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