Pawan Kumar Yadav v. Subhash Chand

Delhi High Court · 09 Feb 2010 · 2010:DHC:15565
Shiv Narayan Dhingra
TR.P.(C.) 64/2009
2010:DHC:15565
civil appeal_allowed

AI Summary

The Delhi High Court allowed the transfer of a civil suit to the court where a related probate petition was pending to avoid multiplicity of proceedings and ensure judicial efficiency.

Full Text
Translation output
A-25 HIGH COURT OF DELHI
TR.P.(C.) 64/2009
PAWAN KUMAR YADAV & ORS Petitioner
Through : Mr. Anil Kumar Sharma and Mr. A.K. Sharma, Advocates
VERSUS
SUBHASH CHAND Respondent
Through: Mr. S.K. Rout, Advocate
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
09.02.2010 This transfer petition under Section 24 of Civil Procedure Code has been preferred by the petitioner for transferring the Civil Suit No.130 of 2005 titled as
"Subhash Chandv Ka/lash Chand & Ors. presently pending in the Court of Ms. Shail Jam, Additional District Judge, Tis Hazari Courts, Delhi to the Court of Shri Ashwani Sarpal, Additional District Judge Judge, Delhi where a probate petition between the parties qua same property was pending. The petition is not opposed by the counsel for respondent.
In view of the submissions made therein, the transfer petition is allowed and it is directed that the Civil Suit No.130 of 2005 titled as "Subhash Chand v Kallash Chand &
Ors. presently pending in the Court of Ms. Shail Jam, Additional District Judge, Tis Hazari
Courts, Delhi be transferred to the Court of Shri Ashwani Sarpal, Additional District Judge
Judge, Delhi.
With above order, the petition stands disposed of.
Dasti.
FEBRUARY 09, 2010 SHIV N)M''DHINGRA1J rd 2010:DHC:15565
JUDGMENT