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(Guest)

Which Section of CPC to use?

Respected seniors,

Kindly guide me under which Section of CPC i should follow Delhi HC direction as per her Order copied below;

"This petition u/s 24 C.P.C has been filed by the petitioner to seek  transfer of the petition filed by the respondent-wife u/s 13 of the H.M.A Act  being HMA No.XXX/06 to the District Court at Dwarka from the District Court at  Tis Hazari. The petition had been field in the year 2006 when the bifurcation of the districts had not taken place.
The premise of this petition is that though the address given by the  respondent in the aforesaid divorce petition is that of Sewa Nagar, as a matter of fact, she is not residing at the said address. He has filed various documents in support of this submission. He submits that the parties last resided in their matrimonial home at Dwarka. The petitioner is permitted to
raise the issue of jurisdiction before the trial Court and the trial Court shall decide the same before deciding any other issue. The petition stands disposed of."

Regards
D. Arun Kumar

 



Learning

 1 Replies

Raghav Sood (Lawyer)     09 December 2009

insist to frame preliminary issue of jurisdiction before the faming of issues and adduce al,the evidence like your documents make sure the issues are not frmed yet but if the issues are framed then the trial court has to decide all the issues.

no particular section has to be indicated if the pleadings are complete and examination of parties I.e. Order 10 CPC has been passed after that you can file application UO 14 rule 5 CPC for framing of preliminary issue of jurisdiction and adduce your entire evidence accodingly


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