Final Order 1

Order Details: Other
Pdf Text: 05/05/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
T.A. 87/18 None present for the applicant.
Adv. Divesh Chamboowala for respondent No.3 present.
ORDER
Heard both sides.
The applicant prays to transfer his suit No.108353/02 which is
pending in C.R.No.13 to any Court of City Civil Court, Dindoshi.
Ld. Counsel for the non applicant/defendant strongly opposed
the application on the ground of notice issued by Hon'ble High
Court wherein it is notified that “all suits which have been
transferred from Hon'ble Bombay High Court and pending in
City Civil Court at Gr. Bombay in which the cause of action has
arise within the jurisdiction of the Division of City Civil Court
at Dindoshi will be transferred to the Court at Dindoshi,
provided all contesting parties appearing before the Court
agree for transfer”
In this case though the plaintiff wants his suit to be transferred
to the Court at Dindoshi, the defendant does not consent for its
transfer. In such circumstances, I am not inclined to transfer
the suit. Furthermore the plaintiff has apprehension that
if this Court passes any decree in his suit and for want of
jurisdiction his decree in the suit is set aside, he would suffer a
great. It is declared as nullified. This cannot be the ground here
to transfer the suit. Furthermore for want of territorial
jurisdiction decree cannot be said to be void.
The application stands rejected.
Principal Judge,
Gr. Mumbai.
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