NEHA ARUN JUGADAR Vs KUMARI PALAK DIWAN JI
Bench: MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Case number: T.P.(C) No.-000182-000182 / 2011
Diary number: 3313 / 2011
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL.) NO(s). 182 OF 2011
NEHA ARUN JUGADAR & ANR. Petitioner(s)
VERSUS
KUMARI PALAK DIWAN JI Respondent(s)
O R D E R
Heard learned counsel for the petitioners.
This Transfer Petition has been filed to transfer case
being MACT No. 138 of 2009 pending at the District Judge
(MACT Court, Gautam Budh Nagar, U.P.) to the competent
Court at Pune, Maharashtra. The petitioners allege in the
petition that the MACT Court, Gautam Budh Nagar, U.P. has
no jurisdiction in the matter.
An order of transfer of a case can be passed where
both the courts, namely, the transferor court as well as
the transferee court, have jurisdiction to hear the case
and the party seeking transfer of the case alleges that the
transferee court would be more convenient because the
witnesses are available there or for some other reason it
will be convenient for the parties to have the case heard
by the transferee court. There is no question of transfer
of a case which has been filed in a court which has no
jurisdiction at all to hear it.
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In a case where a party alleges that the court where
the case is pending has no jurisdiction, he should apply to
that court for dismissing it on this ground. There is no
question of transfer of such a case.
Hence, the petitioners herein may apply to the
District Judge (MACT Court, Gautam Budh Nagar, U.P.) for
dismissal of the case pending before it on the ground that
there is no jurisdiction in the Court to hear the case, and
if they do so, the Court concerned will decide the
application as a preliminary ground before proceeding to
hear the case on merits.
With these observations, the transfer petition is
dismissed.
.........................J. (MARKANDEY KATJU)
.........................J. (GYAN SUDHA MISRA) NEW DELHI; FEBRUARY 14, 2011.
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