How to transfer a property case which is pending in other state?


We want to transfer our land dispute case from UP to Delhi as we stay in Delhi and the opposite party is influential in UP and has close connections with all the officials there. My father has a land dispute case going on against his brother and the case is on the verge of decision wherein last week my father's brother attacked him while he was on his way back to Delhi after a hearing.

 

We want to transfer the case to Delhi for security reasons and my father is a Govt. employee in Delhi. The land is in UP. How can we transfer the case?

 

Answer

 

The option available to you is to file a transfer petition in the Supreme Court of India under Section 25 of the Code of Civil Procedure, 1908.

 

Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State.

 

This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it feels that the ends of justice so require. Section 25 is produced below for your perusal:

 

Power of Supreme Court to transfer suits, etc.

 

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

 

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

 

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

 

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

 

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.

 

There are various landmark judgments of Supreme Court which have elaborated upon this issue:

 

In the case of Dr. Subramaniam Swamy v. Ramakrishna Hegde, the Court had held that:

 

The paramount consideration for transfer of a case under Section 25 of Code of Civil Procedure must be the requirement of justice. It was held that the mere convenience of the parties or anyone of them may not be enough for the exercise of power, but it should even be shown that trial within the chosen forum can lead to denial of justice. The Court further held that if the ends . of justice so demand and the transfer of the case is imperative, there should be no hesitation to transfer the case. 

 

The right of the dominus litis to choose the forum and consideration of plaintiff s convenience etc. cannot eclipse the requirement of justice. Justice must be done at all costs; if necessary by the transfer of the case from" one court to another.

 


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