BIBHA SINHA vs SURENDRA PRASAD SINHA

The Supreme Court dismissed the transfer petition TP(C)211/08, emphasizing that questions of jurisdiction should not be decided in a transfer petition but rather in accordance with the provisions of the Code of Civil Procedure, specifically Section 16(d). The Court requested the High Court to frame a preliminary issue regarding jurisdiction to be resolved before proceeding with the suit. The dismissal was made without any order as to costs.