Supreme Court · 2008 INSC 40 · Decided 11 January 2008

Kulwinder Kaur @ Kulwinder Gurcharan Singh v. Kandi Friends Education Trust and ORS.

Court
Supreme Court of India
Citation
2008 INSC 40 · [2008] 1 S.C.R. 556
Case number
CIVIL APPEAL No. 338/2008
Decided
11 January 2008
Bench
C.K. THAKKER, MARKANDEY KATJU (2-judge bench)
Outcome
Case Allowed
Case type
Civil
Acts & sections cited
CPC Section 24

Headnote

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 - 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

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