* IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C) 6/2010 D JS SANDAR & ANR Through: versus DARSHAN KAUR Through: CORAM: ..... Petitioner Mr. Amesh Paul, Advocate. ..... Respondent Mr. Pankaj Bagga, Advocate. HON'BLE MR. JUSTICE S. RA VINDRA BHAT ORDER 21.04.2010 Mr. Amesh Paul states that he has instmction to appear in the matter. The petitioner seeks transfer of proceedings of the counter claim which has been filed in the pending suit. In a suit pending on the file ofthe court of Sh. Vinod Yadav, learned Senior civil judge and restored as civil suit no. 254/2008 titled Darshan Kaur vs. D JS Sandar. It is submitted that in the said suit, the present plaintiff ( who has been arrayed as defendant) has preferred a counter claim where value of the relief claimed is in excess of Rs. 20 lacs whereas the value of the property in question has been indicated as Rs. 1.5 crores. It is submitted that court fees on the-said amount has also been paid. In the circumstances, it is submitted that the court proceedings should be transfetTed to the file of this court for convenience and proper disposal. Learned counsel for the opposite party/respondent resists the petition and submits that the proceedings in the suit is with the respondent/plaintiff and in the interest of . justice it would not be proper to transfer the entire claim. It is argued that since the Digitally Signed By:AMULYA Signature Not Verified plaintiff is resisting the counter claim in the suit which is yet to proceed, the matter should not be transferred to this' comi as that would unduly delay the proceeding. It is also stated that he com1ter claim cannot be separated from the suit. The court has carefully considered the submissions of the parties. There is no doubt that the counter claim has to proceed in the parameters of the suit yet if the value indicated is such that the court cam1ot proceed ahead due to lack of pecuniary or other / jurisdiction, it is duty of the court to transfer only such part of the proceeding i.e the counter claim and transfer to the court having competent jurisdiction. In other course of action, it would .result in conflicting decisions arising out of multifarious litigation. In the circumstances, this court is of the opinion that rather than tansferring the entire civil suit, it would be proper to direct transfer of the counter claim since it is valued at Rs. 1.5 crores. The civil judge concededly does not have jurisdiction over such subject matter. In the circumstances, the counter claim filed by the petitioner in the pending civil suit no. 254/2008 titled Darshan Kaur vs. D JS Sandar shall be transferred to the file of this court and registered as a fresh suit. The pmiies shall be present before the Joint Registrar for further proceedings in the said suit. ' The Registry is directed to ensure that pmi of the proceedings; concerning the counter claim in the suit m1d its record are brought on the file of the court within two • weeks. The transfer petition is pmily allowed in the above terms. List before the Joint Registrar on 22nd June, 2010. Order dasti. Lwu S. RA VINDRA BHAT,J APIUL 21,2010 'ss'