Case Note & Summary
The case involved a transfer petition filed by Gyanmati Yadav seeking the transfer of HMA Case No. 700/2007 from the Court of Additional District Judge, Delhi. The Supreme Court had previously stayed proceedings in the trial court and issued notice to the respondent, Ram Sagar Yadav. However, it was later brought to the court's attention that the case had been finally disposed of on 18.8.2008, and an application under Order IX Rule 13 of the Code of Civil Procedure was pending. On 10.7.2009, the court learned that the application under Order IX Rule 13 was dismissed in default on 18.5.2009 due to the absence of parties. The petitioner's counsel could not confirm if a restoration petition had been filed. Consequently, the court deemed the transfer petition infructuous and disposed of it, allowing the petitioner to seek transfer again if the application under Order IX Rule 13 was restored and the ex-parte decree set aside. The judgment was delivered on September 11, 2009.
Headnote
A) Civil Procedure - Transfer of Cases - Dismissal of Transfer Petition - Code of Civil Procedure, 1908, Order IX Rule 13 - The transfer petition was deemed infructuous due to the dismissal of the application under Order IX Rule 13 CPC in default. The court noted that if the application is restored and the ex-parte decree is set aside, the petitioner may seek transfer again. Held that the petition is disposed of as infructuous (Paras Not mentioned).
Issue of Consideration
Whether the transfer petition should be allowed in light of the dismissal of the application under Order IX Rule 13 of the Code of Civil Procedure.
Final Decision
The Supreme Court dismissed the transfer petition as infructuous due to the dismissal of the application under Order IX Rule 13 CPC in default. The court allowed for the possibility of seeking transfer again if the application was restored and the ex-parte decree set aside.
Law Points
- Transfer of cases
- Infructuous petitions
- Order IX Rule 13 CPC
- Ex-parte decree
- Restoration of applications
