Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Sought on the ground of illness - Petitioner is suffering from serious ill-health i.e cancer - However, in a civil suit, petitioner is not required to appear before Court on every date of adjournment and even if petitioner is suffering with such serious illness, she can seek for appointment of Advocate..........
Civil Procedure Code, 1908, Section 24, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Transfer of suit - Seeking transfer to Commercial Courts - Plea that suit though filed for specific performance but it is a commercial transaction - Record showing that dispute raised by plaintiff is in nature of commercial dispute - Also agreement between parties relating to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of partition suit - Presiding officer of Court is upset/anguish with defendant on the basis of complaint lodged with reference to Court proceeding are not the reasons which are to be taken at face value, particularly when alleged upset/anguish on the part of said Presiding Officer is not made out by defendant - Moreover,..........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278 -- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of case - When property is common in two suits, Court can order transfer of one suit from one Court to another - However, Court while exercising power u/s 24(2) CPC cannot order joint trial of the transferred suit...........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Where institution of suit itself was before an incompetent Court, question of transfer u/s 24(5) CPC does not arise at all - It is open for plaintiff to plead for return of plaint U.O.7.R.10 CPC before Court concerned for its presentation to proper Court - Application dismissed...........
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10A -- Transfer of suit - Where relief sought by plaintiff is partly or wholly not triable before Court where suit is instituted and both the parties agreed to transfer the case at the stage at which it is pending, Court u/s 24(5) CPC can transferred said proceedings to competent jurisdiction instead of returning the..........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - More than one Court having jurisdiction - Plaintiff as `dominus litis' has a right to choose the Court and defendant cannot demand that suit be tried in any particular Court convenient to her/him - Mere convenience of the parties or any one of them may not be enough for the exercise of power but it must also be..........
