Amit Jain Vs Anila Jain — Delhi HC (2025) — LawSathi Research

Amit Jain Vs Anila Jain — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent's application CM APPL. 39790/2025 under section 151 CPC allowed; transfer petition dismissed as rendered infructuous; petitioner left at liberty to seek appropriate relief by way of transfer if the judgment dated 04.07.2025 is varied or set aside.

Issue for consideration

Whether the transfer petition TR.P.(C.) 43/2025 stands dismissed as having been rendered infructuous, given that its subject matter, CS(OS) No. 82/2025, has been disposed of by a Co-ordinate Bench of this court vide judgment dated 04.07.2025.

Court's answer

There is substance in the respondent's submission (via Mr. Aggarwal) that the transfer petition has been rendered infructuous because its subject matter, CS(OS) No. 82/2025, has been disposed of by a Co-ordinate Bench of this court.

Ratio / Principle

The application CM APPL. 39790/2025, filed under section 151 CPC by the applicant/respondent seeking dismissal of the transfer petition, is accordingly allowed.

Key takeaways

The transfer petition TR.P.(C.) 43/2025 is dismissed as having been rendered infructuous, and the petition stands disposed-of.ratio¶¶17
The petitioner shall be at liberty to seek appropriate relief by way of transfer if the judgment dated 04.07.2025 is varied or set aside.obiter¶¶18

Detailed headnote1 paragraphs

Transfer Petition (Civil) — Delhi High Court, Order dated 09.07.2025, Anup Jairam Bhambhani, J. In Amit Jain v. Anila Jain (TR.P.(C.) 43/2025), the respondent/applicant's application (CM APPL. 39790/2025) under section 151 of the Code of Civil Procedure 1908 seeking dismissal of the transfer petition was allowed: the suit CS(OS) No. 82/2025, the subject matter of the proposed transfer, had already been disposed of by a Co-ordinate Bench of the same court vide judgment dated 04.07.2025, which rejected the plaint on an application under Order VII Rule 11(a) and (d) CPC for not disclosing a cause of action and being time-barred. The transfer petition was accordingly dismissed as having been rendered infructuous, with liberty reserved to the petitioner to seek appropriate relief by way of transfer should the judgment dated 04.07.2025 be varied or set aside. Pending applications were also disposed of and the previously fixed date of 16.07.2025 stood cancelled.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

TR.P.(C.) 43/2025 AMIT JAIN .....Petitioner Through: None. versus ANILA JAIN .....Respondent Through: Mr. O. P. Aggarwal and Mr. Ashish Aggarwal, Advocates.

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 09.07.2025

No one is present on behalf of the petitioner when the matter is called-out.

CM APPL. 39790/2025

By way of the present application filed under section 151 of the Code of Civil Procedure 1908, the applicant/respondent seeks dismissal of the transfer petition, submitting that the petition has been rendered infructuous since CS(OS) No. 82/2025, which was the subject matter of the prayer, has since been disposed-of by a Co-ordinate Bench of this court.

Mr. O. P. Aggarwal, learned counsel is present on behalf of the respondent and submits, that vide judgment dated 04.07.2025 the Coordinate Bench of this court has rejected the plaint in CS(OS) No.82/2025 on an application under Order VII Rule 11(a) and (d) CPC for not disclosing a cause of action and being time-barred.

A copy of judgment dated 04.07.2025 has been appended to the application.

TR.P.(C.) 43/2025

Page 1 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2025 at 13:19:15

In view thereof there is substance in the submission made by Mr. Aggarwal.

The application is accordingly allowed.

TR.P.(C.) 43/2025

In view of the above, the present petition is dismissed as having been rendered infructuous.

Needless to add, the petitioner shall be at liberty to seek appropriate relief by way of transfer if judgment dated 04.07.2025 is varied or setaside.

The petition stands disposed-of.

Pending applications, if any, also stand disposed-of.

The date of 16.07.2025 given earlier, stands cancelled.

ANUP JAIRAM BHAMBHANI, J

JULY 9, 2025 ds

TR.P.(C.) 43/2025

Page 2 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2025 at 13:19:15