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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