LexKULWINDER KAUR @ KULWINDER GURCHARAN SINGH versus KANDI FRIENDS EDUCATION TRUST AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B [2008] 1 S.C.R. 556 KULWINDER KAUR @ KULWINDER GURCHARAN SINGH v. KANDI FRIENDS EDUCATION TRUST AND ORS. (C.A. No. 338 of 2008) JANUARY 11, 2008 [C.K. THAKKER AND MARKANDEY KAT JU, JJ.] Code of Civil Procedure, 1908 - s. 24 - Transfer of cases c - Power of court - Scope of - High Court transferring civil suit from the court of Civil Judge, Ropar to the court of Additional Civil Judge, Chandigarh - Challenge to - Held: High Court did not record any reason/ground for transferring the suit - Also it did not consider the a/legations and counter-allegations D - Moreso, the delay was a.ttributable to plaintiff in the suit - Power u/s 24 cannot be exercised ipse dixit in the manner in which it was done - High Court should have applied its mind to these aspects and prima fade satisfied as to the grounds which weighed in taking such action - Thus, order of High Court set aside and matter remitted back. E The question which arose for consideration in this appeal was whether in the facts and circumstances of the case, the High Court was justified in transferring civil suit from the Court of Civil Judge, Ropar to the Court of F Additional Civil Judge, Chandigarh, by naming the Judge. Allowing the appeal and remitting the matter, the Court HELD: 1.1 Section 24 of the Code of Civil Procedure, G 1908 empowers a High Court or a District Court to transfer inter alia any suit, appeal or other proceeding pending before it or in any Court subordinate to it to any other Court for trial and disposal. The said provision confers comprehensive power on the Court to transfer suits, H 556 .. - -, I KULWINDER KAUR @ KULWINDER G. SINGH v. 557 KANDI FRIENDS ED. TRUST & ORS. appeals or other proceedings 'at any stage' either oh an A application by any party or suo motu. [Para 13] 1.2 Although the discretionary power of transfer of cases cannot be imprisoned within a strait-jacket or any cast-iron formula unanimously applicable to all situations, it cannot be gainsaid that the power to transfer a case 8 must be exercised with due care, caution and circumspection. Reading Sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down C by Courts. They are balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial . having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; D reasonable apprehension in the mind of the litigant that ~ he might not get justice in the court in which the suit is .,. . pending; important questions of law involved or a considerable section of public interested in the litigation; 'interest of justice' demanding for transfer of suit, appeal E or other proceeding, etc. These are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceeding. However, they are illustrative in nature and by no means be treated as exhaustive. If on the above or other relevant i considerations, the Court feels that the plaintiff or the F ..; defendant is not likely to have a 'fair trial' in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order. [Para 14] [564-C, D, E, F, G] G Maneka San jay Gandhi v. Rani Jethmalani, 1979 (2) SCR 378; Subramaniam Swamy v Ramakrishna Hegde, 1990 (1) sec 417 - relied on. 2.1 In the instant case, the High Court without stating anything whatsoever as to allegations and counter- H 558 SUPREME COURT REPORTS [2008] 1 S.C.R. A allegations, without considering the reply submitted by the appellant and without recording any reason/ground passed the impugned order transferring the case. The contesting respondent no doubt submitted that the Court did not: observe anything since observations by a High B Court one way or the other might prejudice one of the parties to the suit. It is true that normally while making an order of transfer, the Court may not enter into merits of the matter as it may affect the final outcome of the proceedings or cause prejudice to one or the other side. C However, at the same time, an order of transfer must reflect application of mind by the Court and the circumstances which weighed in taking the action. [Para 17] [566-F, G; 567-A,
Excerpt shown. Read the full judgment & AI analysis in Lexace.