Case returned but relief provided by filling in S.C

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 2 weeks ago.

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  • #4153

    Respected Sir,
    If court decides to Return plaint after completion of evidence,cross examination,written arguments at the final stage which tooked 12 years.And it may attracts to de-novo in competent Jurisdiction..Which will cause severe injustice.Can honourable Supreme court interfere in transferring this case Not returned under section 25. Would it be correct approach

  • #4171

    Section 25 of the Civil Procedure Code (CPC) is resorted to when the case is to be transferred from a court in a State to a court in some other State. If the court to which the case is to be transferred with the same district or within the same state, then the transfer can be made by the District or the High Court, respectively, as the case may be, under the provisions of Section 24 of the CPC.

    Please note that sub-section (5) of Section 24 of CPC specifically mentions that such case can be transferred even from a Court which has no jurisdiction to try it:

    “(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.”

    So, this may perhaps be helpful in your case.

    Secondly, also note that sub-section (2) of Section 24 provides that the court to which the case is transferred, may “…subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn”.

    This may again be helpful to you.

    Powers under Section 25 of the CPC are similar in nature to those under Section 24 thereof.

    You can try using these provisions, as per the facts of your case, if they can be helpful to you in your factual situation.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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