Case Returned Due to Territorial Jurisdiction.From one State to another state

[nitin doshi]

Our case was returned from one state to another state due to Jurisdiction,After completion of Evidence,written statement,cross examination as well cheif affidavit.
PLaint and written statement cum counter claim were returned.Now will it be De Novo Trial or from stage from where it was left.

[Dr. Ashok Dhamija]

What does the court order state on this issue? You have to look at that.

Generally speaking, if the case has been transferred from one court to another (may be inter-state or otherwise), the proceedings continue from the same stage from where the earlier court left them. But, if the case has been dismissed by the first court, to be filed again in the new court, then the proceedings may have to start afresh.

     

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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. List of his YouTube Videos.

[nitin doshi]

As mentioned in judgement,Courts says before going into merits and demerits of the claim territorial jurisdiction shall be decided on first instance.Thereafter if court feels issues can be decided on merits.Again it to mentioned that case is being Returned not transferred as it was mentioned that case is being returned to Jodhpur district.So will it be same as communicated earlier or not.Kndly anticipate to help us.

[Dr. Ashok Dhamija]

In the absence of having seen the full order / judgment, and also in the absence of knowing of the full relevant facts, it is difficult to tell you accurately. Please consult someone by showing the judgment and relevant facts. However, I have already stated the general proposition of law in this regard.     

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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. List of his YouTube Videos.

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