SUNIL BADHAWAR vs RAMESH KUMAR KALRA (DEC.) THR LRS & ORS.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19th February, 2026 + CM(M) 1802/2025 & CM APPL. 57841/2025 SUNIL BADHAWAR .....Petitioner Through: Ms. Pooja Chhabra and Ms. Pallavi, Advocates. versus RAMESH KUMAR KALRA (DEC.) THR LRS & ORS. .....Respondents Through: Ms. Shilpi Ohri, ASC for R-MCD. Mr. Raghav Sharma, Advocate R-2 to 4. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 21st July, 2025, passed by the learned Trial Court in TP(C) 14/2025, whereby the transfer petition preferred by the petitioner/plaintiff has been dismissed. 3. Heard. Record perused. 4. The relevant portion of the impugned order reads as follows: “Present transfer petition has been moved seeking transfer of civil suit bearing no. 961/2022 titled 'Sunil Badhawar vs Ramesh Kumar Kalra & Ors.’ pending before the court of Sh. Ajay Kumar Malik, Ld. JSCC -ASC J-Gdn. Judge, South West Dwarka Courts (now presided over by Sh.Mayank Mittal) to the court of competent jurisdiction on the ground that the court Signature Not Verified Signed By:MANISHA CM(M) 1802/2025 Page 1 of 2 RAJPUT Signing Date:20.02.2026 16:06:02 lacks pecuniary jurisdiction. Heard. Considered. The issue of jurisdiction regarding subject matter of the civil suit is a legal question and can be decided by the court. If the court comes to the conclusion that there is no pecuniary jurisdiction, the court has the discretion under Order 7 Rule 10 CPC to return the plaint. This court cannot interfere in such circumstances and no order for transfer of civil suit can be passed. Accordingly, present t