Supreme Court of India · 2004-03-23
MOHIT KUMAR vs DATO MOHAN SWAMI .
- Citation / case number
- SC 2004/1882
- Court
- Supreme Court of India
- Petitioner
- MOHIT KUMAR
- Respondent
- DATO MOHAN SWAMI .
- Author
- O R D E R R.C. Lahoti
- Bench
- R.C. LAHOTI & AR. LAKSHMANAN.
Judgment text excerpt
The Supreme Court, exercising its jurisdiction under Section 25 of the Code of Civil Procedure, 1908, ordered the transfer of Original Suit No.865 of 1997 and F.A.O. 52 (D)/2002 from the courts in Dehradun and Nainital to the Lucknow Bench of the High Court of Judicature at Allahabad. The Court emphasized that the transfer was necessary for the ends of justice, given the association of the suit with previously transferred matters. The Court also permitted the Presiding Judge to exercise discretion in recording evidence, particularly allowing for the use of commissions for less critical witnesses.