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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Shiv Shankar – Appellant
Versus
Mahavir @ Ghura Turha – Respondent
| Table of Content |
|---|
| 1. background of the jurisdictional issue. (Para 2 , 3 , 4) |
| 2. contentions regarding lack of jurisdiction. (Para 5 , 6 , 7) |
| 3. analysis of order vii rule 10 c.p.c. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. transfer as a remedy for jurisdictional defects. (Para 16 , 17 , 18) |
| 5. no demonstrated prejudice over notice requirement. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 6. final conclusion on the merits of the petition. (Para 25 , 26) |
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Ayub Khan, holding brief of Sri Parvez Iqbal Ansari, learned counsel for the petitioner.
2. The present petition has been filed seeking to assail the order dated 01.11.2025 passed by the learned Additional District & Sessions Judge-1, Ballia in Civil Revision No. Nil of 2025 (Shiv Shankar vs. Mahavir & Others), as well as the order dated 11.09.2025 passed by the learned Civil Judge (Senior Division), Ballia, in S.C.C. Case No. 139 of 2021 (Mahavir and others vs. Gulab Chand and others).
3. The controversy arises in the backdrop of Application No. 43 Ga-2 moved by the petitioner, who is defendant no. 3 in the suit. By means of the said application, it was contended that the suit, being one for arrears
A lawful transfer of a suit from a court lacking jurisdiction to a competent court can cure jurisdictional defects without necessitating the return of the plaint, provided no prejudice is demonstrate....
Only the plaintiff can file for the return of the plaint under Order VII Rule 10 of the CPC; the defendant may raise jurisdictional issues as a defense but cannot seek return.
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
The valuation of a suit is determined by the nature of the relief claimed, not solely by the market value of the property involved.
The court affirmed that Section 24(5) of the CPC allows for transferring cases from civil to commercial courts, even amidst jurisdictional uncertainties, emphasizing the importance of existing proced....
The court affirmed that Section 24(5) of the C.P.C. permits transferring a suit lacking jurisdiction to a Commercial Court, while addressing the provisions of the Commercial Courts Act concerning jur....
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