Anand Jalan v. Bankey Bihari Mittal & ANR

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 92/2016 ANAND JALAN ..... Petitioner Through Mr.Sandeep Garg & Ms.Priya Saxena, Advocates

Versus

BANKEY BIHARI MITTAL & ANR ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 23.01.2017 1.

The respondents are served but none has appeared on their behalf. 2.

The present petition is filed under Section 24 CPC seeking transfer of Civil Suit being No.CS No.104/2016, titled as "Anand Jalan v. Bankey Bihari & Anr." pending in the court of Sh.Satish Kumar, the learned ADJ, Rohini Courts (District- North), New Delh to District Judge (Central), Tis Hazari, Delhi.

3.

The case of the petitioner is that the present suit was filed in Delhi High Court, however due enhancement of pecuniary jurisdiction of the trial court, the present case was transferred to the District Court, Rohini and has been assigned to the court of Sh.Satish Kumar, the learned ADJ, Saket Courts where the case was registered as Civil Suit No.104/2016. 4.

The suit property which is a subject matter of the present suit is situated in Central District and parties to the suit are working for gain in Central District. Hence, it is prayed that the matter be transferred to the

Court of District Judge, Central District, New Delhi. 5.

In view of the averments made in the petition, which are not opposed by the respondents who have chosen not to appear despite service of notice, the present petition is allowed and the suit in question is transferred as prayed. It may be listed before District Judge (Central), Tis Hazari Courts, Delhi for assigning the suit to the appropriate court on 07.02.2017. All the pending applications also stand allowed.

JAYANT NATH, J.

JANUARY 23, 2017/v