Supreme Court of India · 2008-09-29
Bibha Sinha & Ors vs Surendra Prasad Sinha
- Court
- Supreme Court of India
- Petitioner
- Bibha Sinha & Ors
- Respondent
- Surendra Prasad Sinha
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court dismissed the transfer petition, emphasizing that the question of jurisdiction regarding the High Court of Delhi's authority to entertain the suit, given that the immovable properties are located in Bihar, should not be resolved in a transfer petition. The Court noted that such jurisdictional issues are governed by specific provisions in the Code of Civil Procedure, particularly Section 16(d), and should be addressed by the trial court. The Court requested the High Court to frame a preliminary issue on jurisdiction before proceeding with the suit.