Smt. Sushma Mishra Wife Of Sri Mithilesh ... vs Sri Mithilesh Kumar Mishra Son Of Shri ... on 10 October, 2007
In the said decision, the question was, whether the provisions of Section 21 and 21-A of the Hindu Marriage Act would prevail over the provision of Section 25 of the C.P.C. and, in that regard, the Supreme Court held that the plenary power, of the Supreme Court under Section 25 of the C.P.C. cannot be curtailed by the provisions of Section 21 and 21-A of the Hindu Marriage Act; On the otherhand, the learned counsel for the applicant placed reliance upon a decision of he Supreme Court in Western U.P. Electric and Power Supply Co. Ltd. v. Hind Lamps Ltd. 1969 (2) SCWR 16 wherein the Supreme Court held that the High Court has the power to transfer a case under Section 23(3) of the C.P.C. from one Court to another Court outside its jurisdiction. The Supreme Court held-