Delhi High Court - Orders
Taween Kumar Jain vs Roop Chand Jain (Since Deceased) ... on 19 October, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 171/2023
TAWEEN KUMAR JAIN ..... Petitioner
Through: Ms.Manisha Singh, Adv. alongwith
petitioner in person.
versus
ROOP CHAND JAIN (SINCE DECEASED) THROUGH HIS
LEGAL HEIRS & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 19.10.2023
CM APPL. 54699/2023
1. Allowed, subject to all just exceptions.
TR.P.(C.) 171/2023
2. This petition seeks transfer of the Suit, being CS DJ No.15466/2016 titled as Taween Kumar Jain v. Roop Chand Jain & Ors., to the Court of Ms.Saumya Chauhan, presently posted as the learned Additional Sessions Judge (FTC)-02, (West-District), Tis Hazari Courts, Delhi.
3. The petitioner, who is the plaintiff in the Suit, contends that the said suit had been filed in the year 1987, and is perhaps one of the oldest suits pending adjudication. The learned counsel for the petitioner submits that the same was heard on a number of dates by the then learned Presiding Officer, who has also reserved orders on an application filed under Order XIII Rule 10 of the Code of Civil Procedure, 1908. She also submits that only rebuttal This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 01:48:33 arguments are remaining in the main Suit. She submits that if the suit is not transferred, the hearing would have to commence de novo causing further delays in the adjudication of the Suit.
4. She also draws my attention to an order dated 01.09.2023 passed in the Suit wherein the statement of the petitioner and the defendant no.2A was recorded to the effect that they would be moving an application for seeking transfer of the Suit to the earlier Presiding Officer who had heard the arguments at length.
5. As none is appearing for the respondents in spite of advance notice, let a notice of this petition be served on the respondents through the counsels representing the respondents before the learned Trial Court, dasti, returnable on 10th November, 2023.
NAVIN CHAWLA, J OCTOBER 19, 2023/ns Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 01:48:33