Kulwant Kaur vs Amrinder Kaur & Anr
2014 Latest Caselaw 5822 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Order delivered on: 14th November, 2014

+                     TR. P. (C) No.15/2013

        KULWANT KAUR                                      ..... Petitioner
                    Through          Mr.Nalin Tripathi, Adv.

                         Versus

        AMRINDER KAUR & ANR                          ..... Respondents
                    Through          Mr.P.S.Goindi, Adv. for R-1.

        CORAM:
        HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (ORAL)

1. The abovementioned transfer petition has been filed by the petitioner under Section 24 CPC for transfer of Civil Suit No.223/2007, titled Kulwant Kaur v. Amrinder Kaur & Anr., pending in the Court of Sh.V.K.Jha, learned Civil Judge, Tis Hazari Courts, Delhi to this Court and consolidate the same with CS(OS) No.114/2008 pending before this Court.

2. It is alleged in the transfer petition that the suit filed by the petitioner before this Court being CS(OS) No.114/2008 titled as Kulwant Kaur v. Amrinder Kaur & Anr. is a suit for specific performance which was filed on the basis of the fact that respondent No.1 failed to perform the terms of the family settlement. The present suit is on a larger canvass. The other suit filed by the petitioner bearing No.223/2007 pending before the learned Civil Judge, is a

simple suit for injunction. Both the suits are at the initial stage. Therefore, the prayer is made in the transfer petition that the suit filed by the petitioner for injunction be transferred to this Court and the same be consolidated with the suit already pending before this Court.

3. Reply has been filed by respondent No.1 wherein the said respondent prayed for dismissal of the transfer petition. However, during the course of arguments, the learned counsel for respondent No.1 has not been able to explain how the respondent No.1 would be prejudiced if the suit for injunction be transferred to this Court when all the disputes between the parties can be decided by the same Court in order to save the cost, time and conflict of judgments.

4. I have heard the learned counsel for the parties. The following are the judgments necessary to be relied upon in order to decide the present petition:-

i) Pawan Kumar Chadha vs. Anil Kumar Chadha and Anr., MANU/DE/1840/2009.

ii) Nirmala Devi vs. Arun Kumar Gupta, (2005) 12 SCC 505.

iii) Virender Gupta vs. Nitender Gupta & Ors., 31 (1987) DLT 406.

iv) Balbir Singh Wasu vs. Lakhbir Singh, (2005) 12 SCC 503.

v) Dr.(Mrs.) Pramila Srivastava vs. Smt. Asha Srivastava & Ors., 2014 (140) DRJ 56.

5. The power to pass the order for transfer of matters has to be exercised fairly to meet the ends of justice. Such orders are normally

passed if it saves the parties from multiplicity of proceedings and if the issues in the matters are overlapped. No doubt, two proceedings in similar nature can be clubbed together in view of the decisions referred above.

6. Both the suits filed by the petitioner are at initial stage. It appears that the trial of separate suits at different forums, in respect of the same property and in between the same parties is likely to result in conflicting judgments. Even otherwise, no prejudice would be caused to respondent No.1 in transferring the suit pending before the learned Civil Judge to this Court, as the suit pending before this Court is on a larger canvass.

7. In view of the above, the present transfer petition is allowed. The Civil Suit No.223/2007, titled Kulwant Kaur v. Amrinder Kaur & Anr., pending in the Court of Sh.V.K.Jha, learned Civil Judge, Tis Hazari Courts, Delhi is transferred to this Court and the same is consolidated with CS(OS) No.114/2008 pending before this Court.

8. The petition is disposed of.

(MANMOHAN SINGH) JUDGE NOVEMBER 14, 2014