JITENDRA SINGH versus BHANU KUMAR & ORS.

JITENDRA SINGH versus BHANU KUMAR & ORS.

The reasons relied upon by the High Court for ordering transfer under Section 24 CPC were not germane and did not make out a case for transfer; judicial discretion under Section 24 must be exercised judiciously, and the order was set aside.

Parties
Appellant: Jitendra Singh; Respondents: Bhanu Kumar & Ors.
Jurisdiction
India
Judgment Date
11 April 2008
Procedural Posture
Civil Appeal / From High Court, Appeal Allowed
Outcome
Appeal allowed. Order of the High Court set aside.
Legal Topics
Transfer of Cases, Section 24 CPC, Judicial Discretion, Procedural Fairness
Civil Procedure Transfer of Cases Section 24 CPC Judicial Discretion Procedural Fairness

Case Brief

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Parties

Jitendra Singh

Appellant

Bhanu Kumar & Ors.

Respondents

Procedural Posture

Civil Appeal / From High Court, Appeal Allowed

Legal Issues

  1. 1 Whether the High Court was justified in transferring the suit from Additional District Judge, Alwar to District Judge, Jaipur under Section 24 of the Code of Civil Procedure, 1908

Ratio Decidendi

The reasons relied upon by the High Court for ordering transfer under Section 24 CPC were not germane and did not make out a case for transfer; judicial discretion under Section 24 must be exercised judiciously, and the order was set aside.

Court Disposition

Appeal allowed. Order of the High Court set aside.

Orders

  • The order of transfer passed by the High Court is set aside.