R.K. KOHLI Vs. VIPIN KOHLI

JUDGEMENT

(1.) This petition has been filed challenging the order dtd. 31/10/2022 (hereinafter referred to as 'Impugned Order'), passed by the learned Civil Judge, North-West, Rohini Courts, Delhi in C.S. No.461/2020, titled as Sh.R.K. Kohli v. Sh.Vipin Kohli and Anr., dismissing the application filed under Order XII Rule 6 of the Code of Civil Procedure, 1908 (in short, 'CPC') by the petitioner herein, who is the plaintiff in the said suit, while at the same time, by a separate order, holding that the said court does not have the jurisdiction to adjudicate the Suit, and transferring the same to the learned Family Court.

(2.) The learned counsel for the petitioner submits that once the learned Civil Judge had come to the conclusion that it does not have the requisite jurisdiction to adjudicate the Suit, it should have restrained itself from deciding on the petitioner's application filed under Order XII Rule 6 of the CPC. He submits that Impugned Order, therefore, has been passed without jurisdiction and is liable to be set aside.

(3.) On the other hand, the learned counsel for the respondent, who appears on advance notice, submits that the Impugned Order was passed on 31/10/2022, and the present petition has been filed after almost one year of passing of the said order. He submits that in the meantime, the trial in the said Suit before learned Family Court had proceeded. He submits that the Suit is now listed for purposes of cross-examination of the petitioner.