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september 2008

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.

Bibha Sinha & Ors vs Surendra Prasad Sinha · Niyam