Disposed¶18

Akshya Kumar Swain v. Prava Das

Orissa HC10 Apr 2025TRP(C)/92/2025

Case brief

AI extract

What is this about?

Keywords: Section 24 CPC transfer petition; intra-district transfer; Civil Revision No.3 of 2023; Order VII Rule 11 CPC rejection; Section 115 CPC; 3rd Additional District Judge Cuttack; District Judge Cuttack; Supreme Court affirmation; TRP(C) No.92 of 2025; High Court of Orissa at Cuttack; Justice M.S. Raman; order dated 10.04.2025; transfer petition disposed with liberty to approach District Judge.

What did the court decide?

Liberty to the Petitioners to approach the learned District Judge, Cuttack with an appropriate transfer petition within three working days, to be considered within seven working days thereafter; the District Judge may transfer the matter to himself or to any other competent Court within his jurisdiction. ¶18

Akshya Kumar Swain Vs Prava Das — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the High Court should entertain a transfer petition under Section 24 CPC seeking transfer of Civil Revision No.3 of 2023 from the Court of the 3rd Additional District Judge, Cuttack to the Court of the learned District Judge, Cuttack, i.e., an intra-district transfer within the same district.

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Court's answer

The Court declined to entertain the transfer petition because the transfer sought was from the 3rd Additional District Judge, Cuttack to the District Judge, Cuttack, i.e., within the same district.

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Ratio / Principle

Liberty granted to the Petitioners to approach the learned District Judge, Cuttack with an appropriate transfer petition within three working days; the District Judge to consider it within seven working days thereafter and may transfer the Section 115 CPC matter to himself or to any other competent Court within his jurisdiction, bearing in mind the plight of the litigants; copy of such petition may be served on the counsel appearing in the said revision case.

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Detailed headnote1 paragraphs

Transfer Petition (Civil) TRP(C) No.92 of 2025 under Section 24 CPC – Petitioners sought transfer of Civil Revision No.3 of 2023, arising from rejection of a petition under Order VII, Rule 11 CPC against which the High Court's order stood affirmed by the Supreme Court, from the 3rd Additional District Judge, Cuttack to the District Judge, Cuttack – Held: as the transfer sought was within the same district, the High Court declined to show indulgence in the transfer petition – Liberty granted to approach the learned District Judge, Cuttack within three working days; the District Judge to consider such petition within seven working days and may transfer the Section 115 CPC matter to himself or any other competent Court within his jurisdiction – TRP(C) disposed of with the aforesaid liberty (M.S. Raman, J.).

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.92 of 2025

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Akshya Kumar Swain and another

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…. Petitioners Ms. Ankita Mukherji, Advocate

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-versus-

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Prava Das and others

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…. Opposite Parties

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CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER

10.04.2025

This matter is taken up through Hybrid Mode.

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This application has been filed by the learned counsel appearing for the Petitioners under Section 24 of the Code of Civil Procedure, 1908 for transfer of the Civil Revision No.3 of 2023 pending before the Court of the learned 3^rd Additional District, Cuttack to the Court of the learned District Judge, Cuttack.

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Learned counsel appearing for the Petitioners submitted that since the learned 3^rd Additional District Judge, Cuttack is required to hear Civil Revision Case No.3 of 2023 against the order of rejection of petition under Order VII, Rule 11 of the Code of Civil Procedure, 1908 afresh as the order of this Court has been affirmed by the Hon’ble Supreme Court. The matter could not be taken up for afresh hearing because of prevailing circumstance in the Court of the learned 3^rd Additional District Judge, Cuttack.

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Considered the submission made by the learned counsel appearing for the Petitioners. Since transfer has been sought for by way of filing this petition from the Court of 3^rd Additional District Judge, Cuttack to any other Court having jurisdiction or to the Court of the learned District Judge, Cuttack, which is within the same district, this Court does not wish to show indulgence in this transfer

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petition. However, liberty is granted to the Petitioners to approach the learned District Judge, Cuttack with appropriate petition within three working days from today seeking transfer as indicated above. In the event, such a petition is filed before the learned District Judge, Cuttack, he shall consider the said petition within a period of seven working days thereafter and may consider transfer of the matter to himself or to any other competent Court within his jurisdiction for hearing of the petition filed under Section 115 of the C.P.C. bearing in mind the plight of the litigants. The Petitioners may serve a copy of said transfer petition, if so advised to be filed before the learned District Judge, on the counsel appearing in the said revision case.

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With the aforesaid observation, the TRP(C) stands disposed of with the aforesaid liberty.

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(M.S. Raman) Judge

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Laxmikant

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Apr-2025 17:03:34

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Akshya Kumar Swain v. Prava Das

Case brief

What is this about?

What did the court decide?

Akshya Kumar Swain v. Prava Das

Case brief

What is this about?

What did the court decide?

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