- Court
- High Court of Delhi
- Decided
- 2 November 2017
- Bench
- Rajiv Sahai Endlaw
- Case no.
- TR.P.(C.) 10/2017
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Judgment
O R D E R %
02.11.2017
¶1Transfer, under Section 24 of the Code of Civil Procedure, 1908
(CPC), is sought of Civil Suit No.145/2014 titled Rajinder Kumar Sharma Vs. Ajay Sharma pending in the Court of Dr. Kamini Lau, Additional District Judge (ADJ) (Central), Tis Hazari Courts, Delhi and Civil Suit No.9496/2016 titled Sarita Sehajpal & Ors. Vs. Rajinder Kumar Sharma & Anr. pending in the Court of Sh. Rakesh Kumar ADJ (West), Tis Hazari Courts, Delhi to one Court.
¶2Though prayer is also made for consolidation of the two suits but the same is not within the jurisdiction of Section 24 of CPC and is to be decided by the Court in which the suits are pending.
¶3Notice of the petition was ordered to be issued. Though only the respondents No.1&2 are reported to be served but Mr. Rahul Bora, Advocate appearing states that he is appearing for all the four respondents and has no objection to the transfer. TR.P.(C.) 10/2017
¶4The petition is allowed; Civil Suit No.9496/2016 titled Sarita Sehajpal & Ors. Vs. Rajinder Kumar Sharma & Anr. pending in the Court of Sh. Rakesh Kumar ADJ (West), Tis Hazari Courts, Delhi is ordered to be transferred to the Court of Dr. Kamini Lau, ADJ (Central), Tis Hazari Courts, Delhi where Civil Suit No.145/2014 titled Rajinder Kumar Sharma Vs. Ajay Sharma is stated to be pending.
¶5The Transferor Court is requested to physically transfer the suit file forthwith.
¶6The parties to appear in the transferred suit before the Transferee Court on 6th November, 2017, when the suit already pending before the Transferee Court is stated to be listed next.
A copy of this order be given dasti under the signatures of the Court Master.
RAJIV SAHAI ENDLAW, J. NOVEMBER 02, 2017 bs..
TR.P.(C.) 10/2017
Case details
Parties and counsel
* IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 10/2017 & CM No.2134/2017 (for stay) RAJINDER KUMAR SHARMA ..... Petitioner Through: Mr. Rohan Sharma, Adv. Versus AJAY SHARMA & ORS ..... Respondents Through: Mr. Rahul Bora, Adv. for R-1 to 4. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.