Joint Registrar allowed an application for transfer of the case to the District & Session Judge at Saket Court based on pecuniary jurisdiction and submitted notification regarding shifting of jurisdiction to subordinate courts.
Application allowed; matter transferred to District & Session Judge (South-East District), Saket Court.
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Through: Mr Abhishek Rana, Adv
versus SHRI RAJESH SAINI AND ANOTHER ..... Defendant Through: Mr Manoj Singh, Adv CORAM: DR. SATINDER KUMAR GAUTAM (DHJS), JOINT REGISTRAR (JUDICIAL) O R D E R % 05.12.2016
IA No. 10498/2016 (u/S 151 CPC for transfer the case before the District Court as per the pecuniary jurisdiction)
Learned counsel for the non applicant accepted notice of this IA and submits that he has no objection to this effect.
Learned counsel for the applicant submits that the value of the suit property for the purpose of pecuniary jurisdiction is less than two crores and suit property falls within the jurisdiction of South-East District as such requested to send the matter before the Ld District & Session Judge (South-East District), Saket Court.
In view of notification no 27187/DHC/Orgl. Dated 24.11.2015 & in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), which came into force with effect from 26.10.2015 vide Notification No. F. No. L-19015/04/2012-Jus dated 26.10.2015 issued by the Government of India, Ministry of Law, Justice & Company Affairs, published in
Gazette of India Extraordinary, Part-II, Section 3 Sub Section (ii), the present matter stands transferred to the jurisdictional subordinate courts.
Hence, in view of the submission and circumstances, let the matter be sent to the Ld District & Session Judge, (South-East District) Saket Court.
Parties be directed to appear before the Court of Ld District & Session Judge (South-East District), Saket Court on 20.02.2017.
The suit files be made available to the Ld District & Session Judge (South-East District) at Saket Court on the date fixed. Accordingly, IA stands allowed and disposed of.
DR. SATINDER KUMAR GAUTAM (DHJS) JOINT REGISTRAR (JUDICIAL)
DECEMBER 05, 2016 SK
1 issue framed by the court
Whether the application under Section 151 CPC for transfer of the case based on pecuniary jurisdiction should be allowed.
2 provisions across 2 enactments
Mangal Dass Saini & Ors.
Dr. Satinder Kumar Gautam
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
