Neha Arun Jugadar & Anr vs Kumari Palak Diwan Ji

being MACT No. 138 of 2009 pending at the District Judge

(MACT Court, Gautam Budh Nagar, U.P.) to the competent

Court at Pune, Maharashtra. The petitioners allege in the

petition that the MACT Court, Gautam Budh Nagar, U.P. has

no jurisdiction in the matter.

An order of transfer of a case can be passed where

both the courts, namely, the transferor court as well as

the transferee court, have jurisdiction to hear the case

and the party seeking transfer of the case alleges that the

transferee court would be more convenient because the

witnesses are available there or for some other reason it

will be convenient for the parties to have the case heard

by the transferee court. There is no question of transfer

of a case which has been filed in a court which has no

jurisdiction at all to hear it.

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In a case where a party alleges that the court where

the case is pending has no jurisdiction, he should apply to

that court for dismissing it on this ground. There is no

question of transfer of such a case.

Hence, the petitioners herein may apply to the

District Judge (MACT Court, Gautam Budh Nagar, U.P.) for

dismissal of the case pending before it on the ground that

there is no jurisdiction in the Court to hear the case, and

if they do so, the Court concerned will decide the

application as a preliminary ground before proceeding to

hear the case on merits.

With these observations, the transfer petition is

dismissed.

.........................J. (MARKANDEY KATJU)

.........................J. (GYAN SUDHA MISRA) NEW DELHI;

FEBRUARY 14, 2011.

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