This court dismissed a transfer application (CMP) for want of effective service of notice on the respondent, holding that the notice lacked a date and time for appearance, rendering it non-compliant with CPC procedures.
Transfer CMP dismissed. No order as to costs. Pending miscellaneous petitions to be closed.
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HONOURABLE SRI JUSTICE M. GANGA RAO
Tr. C.M.P No. 282 of 2019
ORDER:
The present transfer CMP is filed under the provisions of Section 24 C.P.C. seeking transfer of O.P.No.1427 of 2019 on the file of the Family Court at Vijayawada to the Court of Senior Civil Judge, Narasapuram, West Godavari District.
“I t is submitted that the above Tr.C.M.P. is filed by Smt. Dudi Indraja @ Kodali Indraja against you for Transfer ofOPNo.1427/2019 on the file of the Family Court, Vijayawada to the Court Senior CiviL Judge, Narasapuram, West Godavari District. The above said case came up before this Hon’ble Court on 01.11.2021, the ordered notice granted interim stay extended next dated 16.11.2021 and also directed me to take out personal notice on you as per the direction of this I am herewith sending the notice to you but is not served to you on 0.11.2021. It was listed. The Hon’ble Judge directed me to take out personal notice once again and stay extended. As per the direction of this Hon’ble Court, I am herewith sending the notice to you through Phone call No.8143139143.”
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directed by this Court. Thus, for want of service of appropriate notice by the counsel for the petitioner in spite of several opportunities given
by this Court, the Transfer CMP itself is liable to be dismissed.
As a sequel thereto, miscellaneous petitions, if any, pending
shall stand closed.
___________________ M. GANGA RAO, J
Date: 30.11.2021
CSR
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HON’BLE SRI JUSTICE M. GANGA RAO
Tr.C.M.P.No. 282 OF 2019
30.11.2021
CSR
1 issue framed by the court
Whether transfer proceedings are maintainable when notice is defective under CPC.
1 provisions across 1 enactments
M. GANGA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
