Petitioner sought transfer of a plaint rejected by trial court under Order VII CPC. Court dismissed petition finding it misconceived as plaint requires only re-presentation.
Transfer petition and pending application dismissed as misconceived.
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SANGEETA PUROHIT
..... Petitioner
Through: Mr. C.S. Rathour, Mr. Pradeep Dhariwal and Mr. Akash Krishna, Advocates
versus
SHEIKH VAIJUDDIN SABRI & ANR ..... Respondents Through
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 07.03.2018
The plaint of the suit, the prayer for transfer of which the present petition has been filed, was returned by the trial Court by order dated 12.01.2018 on the application under Order VII Rules 10 and 10A CPC of the petitioners. The said plaint has not yet been presented in any court. All that the petitioner has to do is to present the plaint again before the appropriate jurisdictional court. Therefore, the transfer petition is misconceived. The transfer petition and the pending application are dismissed.
R.K.GAUBA, J
MARCH 07, 2018 yg
Sangeeta Purohit
Sheikh Vaijuddin Sabri
R.K. Gauba
As recorded by the court registry
A petition to transfer a civil case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
