Krishna Devi vs Kartar Singh
2014 Latest Caselaw 1252 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          TR.P(C) 106/2013
%                                             7th March, 2014
KRISHNA DEVI                                         ......Petitioner
                           Through:      Mr. Vishal Bhatnagar, Mr. Vineet
                                         Gandhi and Mr. Nitin Sharma,
                                         Advocates.


                           VERSUS

KARTAR SINGH                                         ...... Respondent
                           Through:      Mr. Shekhar Dasi, Adv.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.     By this petition, petitioner who is the appellant in the Regular Civil

Appeal bearing no. 36/2013 titled as Krishna Devi Vs. Kartar Singh

Bidhuri presently pending in the court of Sh. Anil Kumar Sisodia, ADJ

(West), Tis Hazari Courts, Delhi seeks transfer of the appeal to the

competent civil court at District Courts Saket, New Delhi inasmuch as the

appeal pertains to the suit property at Sangam Vihar which is in the

territorial jurisdiction of the District Courts at Saket.




T.R.P (C) 106/2013                                                          Page 1 of 3
 2.     Aforesaid facts show that the appeal has been wrongly filed in a court

not having territorial jurisdiction at Tis Hazari Courts, inasmuch as the

appeal ought to have been filed in the District Courts at Saket.

3.     There is power in an appellate court to return the appeal under Order 7

Rule 10 CPC, however, that would lead to unnecessary trouble for the

appellant in taking back the appeal and refiling the same with the competent

court at Saket alongwith an application for condonation of delay, and in

order to avoid such a situation Section 24 CPC was amended from 1976 by

adding sub-Section 5 that courts have power to transfer the matters from

courts which do not have territorial jurisdiction to try the suit.


4.     Accordingly, invoking the power under Section 24(5) CPC, I transfer

the appeal bearing no. 36/2013 titled as Krishna Devi Vs. Kartar Singh

Bidhuri presently in the court of Sh. Anil Kumar Sisodia, ADJ (West) Tis

Hazari Courts, Delhi (or before his successor court) to the competent court at

District Saket. Parties are directed to appear before the District & Sessions

Judge, Saket, New Delhi at 2nd April, 2014 and the District and Sessions

Judge will mark the appeal to the competent court for disposal in accordance

with law.



T.R.P (C) 106/2013                                                         Page 2 of 3
 5.       The court of Sh. A.K.Sisodia, ADJ(West) Delhi or any other

successor court in which the appeal is pending will transfer the record of the

appeal in terms of the present judgment to the District and Sessions Judge,

Saket.


         Dasti to counsel for the parties.




MARCH 07, 2014                               VALMIKI J. MEHTA, J.

ib