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transfer of case at inter district level


16-Oct-2023 (In Property Law)
we had filed a suit for partiton in sub court at tis hazari in the year 2000 .the case is now at final argument stage but now it was found out that the very case is out of pecuniary as well as territorial jurisdiction .what are the option left with us ? our lawyers have suggested for return to plaint which we dont want as that would mean starting the case fresh. Also ,we have read about sec 24 cpc related to transfer of case .how can we excercise that to our help? pls help us
Answers (2)

Answer #1
592 votes
It is not that difficult. I would first need to have a look at the documents. We would need to file a petition before the Delhi High Court first. Hopefully it shall succeed and our case shall be transferred!
Answer #2
558 votes
The objection as to jurisdiction in any matter has to be taken by the court at first instance and at the earliest opportunity if no court does that then at later stages the objection leads to failure of justice as per CPC therefore they have to finally adjudicate the pendency of the lis..Therefore there is appropriate remedy of filing a revision or appeal against the impunged order stating lack of jurisdiction.

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