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High Court of DelhiCS(OS)/1160/2004

Raj Kiran v. Tejbir Singh And ORS.

2015-12-222 pages

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1160/2004 RAJ KIRAN ..... Plaintiff Through:

Mr. Diwan Singh Chauhan, Adv. with plaintiff in person.

versus TEJBIR SINGH AND ORS.

..... Defendants Through:

Mr. Abhimanyu Singh Khatri, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.12.2015 I.A. No. 25893/2015 (Early Hearing) By this application, it has been prayed that date be preponed for today and the same be transferred to the concerned District Judge. Matter is listed in the category of 'Finals' as per its age and seniority. Application has not been opposed by the counsel for the defendants. Application is allowed and matter is preponed for today.

Application is disposed of.

CS (OS) 1160/2004 Learned counsel for the parties submit that value of the suit has been fixed at `20 lacs for the purposes of pecuniary jurisdiction. It is further submitted that in view of the notification no.27187/DHC/Orgl. dated

24.11.2015 under Section 4 of the Delhi High Court (Amendment) Act, 2015, suit has to be transferred to the subordinate court. It is further submitted that Test Case No. 4/2010 and Test Case No. 5/2010 both titled Tejbir Singh vs. State were filed by the defendant no.1 before the District Court, however, the same were transferred to this Court in view of pendency of present suit and were consolidated by this Court vide order dated 27th October, 2009 passed in a transfer petition. This fact has not been disputed by the counsel for the defendants. Learned counsel for the parties submit that above-noted test cases be also transferred to the concerned District Judge along with present suit. Accordingly, present suit along with Test Case No. 4/2010 and Test Case No.

5/2010 are transferred to the District Judge (Central District), Tis Hazari Court Complex, Delhi. Parties shall appear before the District Judge (Central District), Tis Hazari Court Complex, Delhi on 16th February, 2016. It may be noted that District Judge shall assign all the three matters to the same court for disposal. Registry to transmit the file along with above-noted test cases to the transferee court forthwith. A.K. PATHAK, J.

DECEMBER 22, 2015 ga