Court affirms the right to de novo trial after jurisdictional transfer, setting aside the previous rejection of defendants' plea.
In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Sanjay Dhar, has overturned a previous decision made by the 2nd Additional District Judge, Srinagar, concerning a land dispute case involving Mohammad Shaif Bhat and Rafi Ahmad Bhat. The High Court clarified the legal position on jurisdiction and procedural rights, affirming the defendants' right to file a fresh written statement after the transfer of the case due to lack of jurisdiction.
The dispute centers around a suit filed by Rafi Ahmad Bhat for a declaration of ownership and partition of a property in Mandi Bagh, Srinagar, valued at Rs. 1.00 crore. Initially filed in the court of the 2nd Additional Munsiff, Srinagar, the suit was transferred after it was determined that the court lacked the necessary pecuniary jurisdiction.
The core of the legal contention arose when the defendants, having appeared before the newly designated court, sought to file a fresh written statement. The trial court, however, rejected this application, citing the expiration of the 120-day limit for filing a written statement as per Order VIII Rule 1 of the Civil Procedure Code (CPC).
In his ruling dated December 5, 2025, Justice Dhar emphasized the Supreme Court's precedent in Exl Careers v. Frankfinn Aviation Services Pvt. Ltd, asserting that upon transfer, the case must proceed de novo, effectively resetting the procedural clock. Justice Dhar noted that the lower court erred in proceeding from the stage reached before the transfer, as the proceedings before the court lacking jurisdiction are rendered null and void.
The High Court's decision underscores the procedural rights of defendants in cases involving jurisdictional transfers, highlighting the duty of the competent court to allow for the filing of a fresh written statement without necessitating a separate application. This ruling not only rectifies the procedural oversight but also reaffirms the fundamental principles of fair trial and due process.
The parties have been directed to appear before the trial court on December 26, 2025, with the defendants permitted to submit their written statement within thirty days of their appearance. This decision marks a pivotal moment in ensuring procedural fairness and adherence to judicial precedents in jurisdictional matters.
Bottom Line:
Civil Procedure Code - After the return of plaint by a court lacking jurisdiction, the suit must proceed de novo before the competent court, and the defendants retain the right to file a fresh written statement.
Statutory provision(s): Order VII Rule 10, Order VII Rule 10A, Order VIII Rule 1, Civil Procedure Code, 1908
