SC: If court doesn’t have jurisdiction, party raising this issue to seek dismissal rather than transfer

The Hon’ble Supreme Court, on 6th November 2020, in the matter of Indian Olympic Association v.Kerala Olympic Association & Ors. observed that if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer.

The Hon’ble Supreme Court observed that:

If a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer. (Para 14)

The Supreme Court in Arvee Industries and Others vs.Ratan Lal Sharma ((1977) 4 SCC 363) did not say in that case that an invalid proceeding, may be validated, at the instance of the opposite party by transferring the same to a court having jurisdiction. (Para 14)

Copy of order: Order_06-Nov-2020

-Adv. Tushar Kaushik

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