The Supreme Court has observed that the "First past the post" principle cannot be applied while considering a petition for transfer under Section 25 of the Code of Civil Procedure.
Justice Aniruddha Bose observed that such petitions are to be decided on consideration of the ends of justice.
The Court was considering a petition seeking transfer of a suit for partition and certain other ancillary reliefs instituted in the Delhi High Court. The contention was that the suit for partition can be clubbed together with a Testamentary proceeding pending before the Bombay High Court.
Objecting to this plea, the respondents' contention was that the suit for partition having been instituted before the Testamentary Petition, it must be allowed to proceed first and the Testamentary Petition could be transferred to Delhi High Court, if necessary. Justice Bose said:
"A petition for transfer under Section 25 of the Code, however, is decided on consideration of the ends of justice. The "First past the post" is not the principle that can be applied in proceedings of this nature. "
Allowing the transfer petition, the Court said that since the Probate Court is having primacy in determining the question of grant of Letters of Administration or Probate, it would be expedient for the ends of justice that the Bombay High Court, which is hearing the Testamentary petition, should decide the suit for partition as well.
Case no.: TRANSFER PETITION (CIVIL) NO. 1531 OF 2018Case name: SHAMITA SINGHA VS. RASHMI AHLUWALIA Coram: Justice Aniruddha Bose
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