N Bhagwati v. G D Bansal

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 104/2017 N. BHAGWATI ..... Petitioner Through:

Mr. Sudhir Batra, Adv.

Versus

G.D. BANSAL ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 20.07.2017 CM No.24158/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

TR.P.(C.) 104/2017 3.

By this Transfer Petition, transfer is sought of Suit No.85/2005, Registration No.594161/2016 of the Court of Mrs. Mahima Rai, Civil Judge, Tis Hazari Courts, Delhi to Saket Courts, New Delhi, on the ground that both the parties reside within the jurisdiction of the Saket Courts. 4.

The suit is stated to be pending since the year 2005. I have thus enquired from the counsel for the petitioner, whether not the suit must be nearing completion.

5.

The counsel for the petitioner states that the suit is at the initial stage and issues even have not been framed.

6.

It is not understandable why, in the suit pending for the last over 12 years, issues have not been framed.

TR.P.(C.) 104/2017

7.

The learned Civil Judge before whom the suit is pending to look into the said aspect and take remedial action.

8.

No ground for transfer is disclosed. Once the city of Delhi has been divided in districts and the suit is pending in the Court which has jurisdiction to try the same, the suit on mere asking cannot be transferred. 9.

Dismissed.

RAJIV SAHAI ENDLAW, J.

JULY 20, 2017 Bs..

TR.P.(C.) 104/2017