IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION(C)NO. 211  OF 2008         

BIBHA SINHA & ORS.                             Petitioner(s)

                     VERSUS

SURENDRA PRASAD SINHA                          Respondent(s)

 O R D E R

In  this  transfer  petition,  a  ground  has  been  taken  with  regard  to  the  

jurisdiction of the High Court of Delhi in entertaining the suit, since the immovable  

properties forming the subject matter of the suit are situated in the State of Bihar.  

This, as has been very rightly pointed out on behalf of the respondent, is a question  

which cannot be and should not be decided in a transfer petition since there are  

specific provisions in the Code of Civil Procedure, which govern such matters.  In  

fact, according to the petitioners, the case is covered by Section 16(d) of the Code  

of Civil Procedure.  This question can be raised before the trial court for a decision  

and we are informed that such a question has been raised.

TP(C)211/08

-2-

Since the question of jurisdiction goes to the very root of the matter, we  

would request  the High Court  to  frame a preliminary issue with regard to the

question of jurisdiction and to decide the same before proceeding with the suit  

itself.

The Transfer Petition is, accordingly, dismissed.

There will be no order as to costs.   

   ....................J.     (ALTAMAS KABIR)

   ....................J.     (MARKANDEY KATJU)

NEW DELHI; September 29,   2008.