Chanda Das v. Sudhanshu Kumar Kanhyaiya
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 162/2025 CHANDA DAS .....Petitioner Through:
Mr. Abhimanyu Mahajan, Ms.
Anubha Goel and Mr. Mayank Joshi, Advocates.
versus SUDHANSHU KUMAR KANHYAIYA .....Respondent Through:
None.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 27.08.2025 CM APPL. 53399/2025 (for exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
TR.P.(C.) 162/2025 3.
The petitioner, vide the present petition under Section 24 of the Code of Civil Procedure, 1908 (CPC), seeks transfer of the suit being CS DJ 946/2024 titled 'Chanda Das Vs. Sudhanshu Kumar Kanhaiya' pending before the Court of the learned District Judge-02, Rohini District Courts, New Delhi to the Court of learned District and Sessions Judge, Central District, Tis Hazari District Courts, New Delhi and to proceed with the said Suit from the stage at which it was pending before the Rohini District Court, New Delhi.
4.
Learned counsel for the petitioner submits that though the suit has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
been instituted correctly against the respondent/ defendant before the Rohini Courts according to the address being House No. 434, Been Dayal Sharma Marg, Lawrence Road, New Delhi-110 054, however, the petitioner/ plaintiff has recently come into possession of the correct address, which is "434, Lancers Road, Near Mall Road, Delhi- 110054", which falls under the jurisdiction of the Central District, Tis Hazari District Courts, New Delhi.
5.
Considering that service is yet to be effected and no notice has been served upon the respondent/ defendant in the aforesaid suit, this Court is of the considered view that there is no requirement of issuance of notice in the present transfer petition.
6.
In any event, allowing the present petition by transferring the suit being CS DJ 946/2024 titled 'Chanda Das Vs. Sudhanshu Kumar Kanhaiya' from the learned District Judge-02, Rohini District Courts, New Delhi to the Court of learned District and Sessions Judge, Central District, Tis Hazari District Courts, New Delhi will not cause any prejudice to the respondent/ defendant as the same is at the initial stages as also since the respondent is yet to be served and in fact whence the correct jurisdiction vests with the Central District, Tis Hazari District Courts, New Delhi.
7.
As such, for the reasons stated therein, the present petition is allowed and the suit being CS DJ 946/2024 titled 'Chanda Das Vs. Sudhanshu Kumar Kanhaiya' is transferred from the Court of learned District Judge-02, Rohini District Courts, New Delhi to the Court of learned District and Sessions Judge, Central District, Tis Hazari District Courts, New Delhi.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
The learned District Judge-02, Rohini District Courts, New Delhi is directed to send the entire record pertaining to the suit being CS DJ 946/2024 titled 'Chanda Das Vs. Sudhanshu Kumar Kanhaiya' to the Court of learned District and Sessions Judge, Central District, Tis Hazari District Courts, New Delhi.
9.
A copy of the present order be sent to the learned District Judge-02, Rohini District Courts, New Delhi and learned District and Sessions Judge, Central District, Tis Hazari District Courts, New Delhi for compliance.
10.
Accordingly, the present transfer petition is allowed and disposed of.
SAURABH BANERJEE, J AUGUST 27, 2025/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.