ARVEE INDUSTRIES & ORS. versus RATAN LAL SHARMA

It is expedient for the ends of justice to transfer suit No. 690 of 1975 from the Calcutta High Court to Delhi High Court given the parties' residence, cause of action in Delhi, convenience for trial, and hardship to petitioners in Calcutta; Supreme Court has jurisdiction under section 25 CPC.

Parties: Petitioner: Arvee Industries & Ors.; Respondent: Ratan Lal Sharma
Jurisdiction: India
Judgment Date: 13 September 1977
Procedural Posture: Transfer Petition / Original Jurisdiction, Decision on Application Under Section 25 of CPC
Outcome: Petition allowed; suit transferred.
Legal Topics: Transfer of Suits, Jurisdiction, Section 25 CPC

Civil Procedure Transfer of Suits Jurisdiction Section 25 CPC

Case Brief

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Parties

Arvee Industries & Ors.

Petitioner

Ratan Lal Sharma

Respondent

Procedural Posture

Transfer Petition / Original Jurisdiction, Decision on Application Under Section 25 of CPC

Legal Issues

1 Whether the Supreme Court has jurisdiction to transfer a suit pending on the original side of the Calcutta High Court to the Delhi High Court under section 25 CPC
2 Whether convenience and ends of justice warrant the transfer of suit
3 Effect of alleged lack of territorial jurisdiction and procedural hardship

Ratio Decidendi

Court Disposition

Petition allowed; suit transferred.

Orders

Suit No. 690 of 1975 on original side of Calcutta High Court transferred to original side of Delhi High Court for disposal according to law.
No order as to costs.