Mrs. Monica Malik vs Mr. Amit Malik
2014 Latest Caselaw 1698 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         TR.P(C) No.26/2014

%                                                    28th March, 2014

MRS. MONICA MALIK                                        ......Petitioner
                          Through:       Ms. Gurmeet Bindra, Advocate.


                          VERSUS


MR. AMIT MALIK                                       ...... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. There is no merit in the petition under Section 24 of Code of

Civil Procedure, 1908 (CPC) for various reasons inasmuch as neither

pleadings of the cases which are proposed to be transferred have been filed,

and nor the common questions of law and fact in the two cases have been

stated. More importantly, the basic ground seeking transfer under Section 24

of Code of Civil Procedure, 1908 (CPC) is only the convenience of a party

i.e petitioner herein.

2. Merely because now there are more than one district courts in

Delhi, and that one of the district courts is nearer than other district court,

the same is not a ground for invoking or exercising powers under Section 24

CPC. If the prayer of the petitioner is allowed, then, consolidation of cases

will prejudice trial of the earlier case which is at an advanced stage.

3. Dismissed.

MARCH 28, 2014                                   VALMIKI J. MEHTA, J
Ne