Anokhey Lai Kardam v. Maitrey Budli Vihar Prabandhak Samiti

Delhi High Court · 02 Feb 2010 · 2010:DHC:15604
Shiv Narayan Dhingra
TRP 3/2010
2010:DHC:15604
civil petition_dismissed

AI Summary

The High Court dismissed the petition for transfer of civil suits from one Civil Judge to another, holding that once the District Judge has declined transfer under Section 24 CPC, the High Court will not entertain a subsequent transfer petition.

Full Text
Translation output
HIGH COURT OF DELHI
Date of Order: February 02, 2010
TRP 3/2010 o/o 02.02.2010
Anokhey Lai Kardam ...Petitioner
Through: Mr. Madan Lai Kalkal, Advocate
VERSUS
Maitrey Budli Vihar Prabandhak Samiti ...Respondent
Through:
JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT

1. Whether reporters of local papers may be allowed to see the judgment? 2.. To be referred to the reporter or not?

3. Whether judgment should be reported In Digest? ORAL

1. This petition has been preferred by the petitioner for transfer of the Suit No.596 of 2007 along with M. 52 of 2008 titled as Maitrey Budh Vihar Prabanhdak Samiti versus Anokhey Lai Kardam & Suit No,1305 of 2007 titled as Dhamma Priya Gautam versus Anokhey Lai Kardam from the Court of Shrl Pulshtiya Parmachala.

2. The petitioner had made an application under Section 24 to the learned District Judge having administrative and subversary jurisdiction and the learned District Judge after considering the submissions made in the application and considering the fact that even an earlier appij-ation made on similar groun;1 was dismissed, dismissed the application made by i-he petitioner under Section 24 for transfer of the case to another Civil Court. By the p'-e-^.ent petition., petitioner does not challenge the order passed by learned District Judge, but makes another application to this Court for transfer of the case from Civil Judge who was trying the case to another Civil Judge. TRP3/2010 Anokhey Lai Kardam V.Maitrey Budh Vihar PrakandliakSamiti Page I Of 2 - 2010:DHC:15604

3. Since this Court and the learned District Judge have concurrent powers under Section 24 to transfer the case, from one Civil Judge to another. Once the power has been exercised by the District Judge and application declined, another application would not lie before this Court. The petition is hereby dismissed. No orders as to costs. February 02, 2010 rd SKIV NARAYAN/DKING TRP3/2010 Anokhey LaiKardam v. Maitrey Budh Vihar PrabandhakSamiti