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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri, J
Raj Rani Saini – Appellant
Versus
Sanjay Narang – Respondent
| Table of Content |
|---|
| 1. procedural context of the appeal regarding plaint return order. (Para 1) |
| 2. court's authority to transfer suits to competent commercial jurisdiction under s.24 cpc. (Para 2 , 3 , 4 , 5 , 6 , 7) |
CM Appl.55110/2024 [for exemption]
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
FAO 299/2024 & CM APPL.55111/2024 [for interim order]
1. The present appeal has been filed under Section 104 and Order XLIII Rule 1(a) CPC in the context of order dated 07.05.2024 passed by the learned District Judge-04 (West), Tis Hazari Courts, Delhi, whereby the plaint in the civil suit has been returned to be filed before the appropriate commercial court.
2. During the course of arguments, Ms. Pooja Chhabra, learned counsel for the appellant, submits that the appellant’s plea may be considered in a limited manner and, accordingly, confines the prayer to the relief sought in clause “D”, wherein the appellant prays that:
“d) In the alternative, if this Hon'ble Court deems it appropriate, kindly transfer the suit to the court with appropriate jurisdiction to adjudicate the matter, ensuring that the suit proceeds from the same stage at which it was returned b
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