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Surjit Kishore Das vs Ajay Kishore Das

Transfer Petition (Civil) · 2022 INSC 916Decided 5 Sept 2022
Transfer Petition (Civil) No. 513 of 2020
Uday Umesh Lalit · S. Ravindra Bhat

Background

The petitioner sought to have proceedings pending in a Trial Court transferred to another court, citing family circumstances. The Court heard counsel for both sides on the transfer petition.

Decision Breakdown

The Supreme Court found no reason to transfer the case, and dismissed the transfer petition. However, taking note of the advanced age of the parties, the Court directed the concerned Trial Court to expedite the proceedings and conclude them, preferably within one year from the date of this order.

Lesson Learnt

The Supreme Court will not order a transfer of proceedings merely because a party requests it; instead, where genuine hardship exists (such as advanced age of the litigants), the Court may direct the original court to speed up the case rather than moving it elsewhere.

Official source (sci.gov.in)View Judgment (PDF)

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