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HIGH COURT OF DELHI
W.P.(C) 3610/2026, CM APPL. 17512/2026, CM APPL. 17513/2026
Date of Decision: 20.03.2026 IN THE MATTER OF:
TRIBHUVAN GAUR & ANR. .....Petitioner
Through: Mr Manish Shanker Srivastava, Ms Ankita Gaur, Mr Surendra Kumar
Maurya, Mr Abhas Upmanyu, Advocates.
Through: Mr. Shashank Bajpai, CGSC, Ms. Aashna Mehra, Ms. Vaishnavstuti, Mr. Vatsal Tripathi, Mr. Govind Singh Chauhan, Advocates.
Major Kanika Sharma, Army. For R-1 to 3.
J U D G E M E N T
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
JUDGMENT
1. The deceased Major Prabhat Gaur was serving in the Indian Army and was last posted in Army Officer Training Academy in Chennai in the year 2002.
KUMAR KAURAV
2. On 25.02.2023, he was found dead at his official quarter. A First Information Report bearing no. FIR No.117/2003 dated 25.02.2003 was registered and the post-mortem examination was conducted at Chennai.
3. The petitioner who claims to be the elder brother of the deceased sought for certain information from respondents.
4. It appears that the respondents are situated in Delhi, therefore, the petitioner has approached this Court. However, the situs of the respondents cannot be the reason to invoke the jurisdiction of this Court.
5. This Court in the case of The Indure Pvt. Ltd. v. Government of NCT of Delhi,[1] has held that the situs of the respondent will not be the sole reason to determine the territorial jurisdiction of the Court to entertain a writ petition. The paragraph no. 36 of the said decision is extracted as under:
6. In the case of Kusum Ingots & Alloys Ltd. v. Union of India and Anr.,2, in paragraph no. 30, has held as under: “Forum conveniens
30. We must, however, remind ourselves that even if a small part of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High Court to decide the matter on merit. In 2026:DHC:1605.
appropriate cases, the Court may refuse to exercise its discretionary jurisdiction by invoking the doctrine of forum conveniens. [See Bhagat Singh Bugga v. Dewan Jagbir Sawhney [AIR 1941 Cal 670: ILR (1941) 1 Cal 490], Madanlal Jalan v. Madanlal [(1945) 49 CWN 357: AIR 1949 Cal 495], Bharat Coking Coal Ltd. v. Jharia Talkies & Cold Storage (P) Ltd. [1997 CWN 122], S.S. Jain & Co. v. Union of India [(1994) 1 CHN 445] and New Horizons Ltd. v. Union of India [AIR 1994 Del 126].]”
7. In view of the above, applying the principle of forum conveniens the petition stands dismissed as the material, integral and essential part of cause of action has arisen outside the jurisdiction of this Court. Liberty is, however, granted in favour of the petitioner to approach the jurisdictional High Court to agitate the instant lis, if so advised.
JUDGE MARCH 20, 2026/aks.