In this transfer petition, a ground has been taken with regard to the
jurisdiction of the High Court of Delhi in entertaining the suit, since the immovable
properties forming the subject matter of the suit are situated in the State of Bihar.
This, as has been very rightly pointed out on behalf of the respondent, is a question
which cannot be and should not be decided in a transfer petition since there are
specific provisions in the Code of Civil Procedure, which govern such matters. In
fact, according to the petitioners, the case is covered by Section 16(d) of the Code
of Civil Procedure. This question can be raised before the trial court for a decision
and we are informed that such a question has been raised.
TP(C)211/08
Since the question of jurisdiction goes to the very root of the matter, we
would request the High Court to frame a preliminary issue with regard to the question of jurisdiction and to decide the same before proceeding with the suit
itself.
The Transfer Petition is, accordingly, dismissed.
There will be no order as to costs.
(MARKANDEY KATJU) NEW DELHI; September 29, 2008.