Transfer of Case--Non-Issuance Of Notice Under Section 24 CPC Does Not Invalidate Transfer Order If No Prejudice Caused
Transfer of a suit under Section 24 of the CPC to a court of competent jurisdiction validly remedies a jurisdictional defect without requiring return of plaint under Order VII Rule 10 CPC. The procedural provisions of Order VII Rule 10 and Rule 10A cannot override the plenary power of transfer vested under Section 24. Absence of prior notice under Section 24 does not vitiate the transfer order unless the affected party demonstrates actual prejudice. Insistence on return of plaint, where jurisdiction stands effectively cured by lawful transfer and no prejudice is caused, would elevate form over substance.
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