Petitioner challenged dismissal of his transfer petition seeking transfer of a suit for want of pecuniary jurisdiction. The High Court held that the issue is for the trial court to decide under Order VII Rule 10 CPC, found no infirmity in the impugned order, and dismissed the petition.
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versus
RAMESH KUMAR KALRA (DEC.) THR LRS & ORS.
.....Respondents Through: Ms. Shilpi Ohri, ASC for R-MCD. Mr. Raghav Sharma, Advocate R-2 to 4.
CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral)
Rajneesh Kumar Gupta, J.
“Present transfer petition has been moved seeking transfer of civil suit bearing no. 961/2022 titled 'Sunil Badhawar vs Ramesh Kumar Kalra & Ors.’ pending before the court of Sh. Ajay Kumar Malik, Ld. JSCC -ASC J-Gdn. Judge, South West Dwarka Courts (now presided over by Sh.Mayank Mittal) to the court of competent jurisdiction on the ground that the court
Signature Not Verified
Page 1 of 2
CM(M) 1802/2025
Signed By:MANISHA RAJPUT Signing Da te:2 0.02.2026 16:06:02
lacks pecuniary jurisdiction.
Heard. Considered.
The issue of jurisdiction regarding subject matter of the civil suit is a legal question and can be decided by the court. If the court comes to the conclusion that there is no pecuniary jurisdiction, the court has the discretion under Order 7 Rule 10 CPC to return the plaint.
This court cannot interfere in such circumstances and no order for transfer of civil suit can be passed. Accordingly, present transfer petition is dismissed.”
RAJNEESH KUMAR GUPTA, J
FEBRUARY 19, 2026/ v/ isk
Signature Not Verified
Page 2 of 2
CM(M) 1802/2025
Signed By:MANISHA RAJPUT Signing Da te:2 0.02.2026 16:06:02
1 issue framed by the court
Whether the trial court rightly dismissed the transfer petition seeking transfer of a suit on the ground of lack of pecuniary jurisdiction.
Colour shows how this judgement treated each authority
TR.P.(C.) 156/2025 (judgment dated 15th January, 2026)Distinguished¶7
4 provisions across 2 enactments
Sunil Badhawar
Ramesh Kumar Kalra (Dec.) thr. LRS
R-2 to 4
Rajneesh Kumar Gupta
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
