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SHARAD MOHAN KRISHNA   03 June 2026

Civil revision petition

My civil suit at a delhi trial court has been erroneously disposed off (at DJ level judge) on the ground of territorial jurisdiction after 10 long years (on the verge of evidence) and I have been asked to take back my file and go to Gurgaon. My query is: 1. Can I file a Civil Revision Petition against this order at Delhi High Court since this order is wrong. This will not entail any new court fee (I having already paid court fee at trial court). 2. Alternatively, am I supposed to file an Appeal (RFA / FAO) at the Delhi High Court ? But this will entail court fees once more.


 15 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 June 2026

Your query is not clear, and it is somewhat confusing.

Dr. J C Vashista (Advocate )     04 June 2026

Unbelievable statement. Please recheck.

A district judge shall not maintain a case for adjudication for 10 years where there is no "jurisdiction" as stated by you.

Howeer, can you share your case file with judgment, if you are certain about your statement ?

However, what is the opinion and advise  of the lawyer engaged/ paid by you, who is well aware about facts and circumstances of the case besides the fact that s/he (your lawyer) is an able, ompetent, intelligent enough and duty bound to satisfy your queries/ question(s)????

SHARAD MOHAN KRISHNA   04 June 2026

Thank you gentlemen for your reply.

I am placing the facts here:

  1. I filed a case at Delhi for recovery of my dues, etc from a company which had offices both in Delhi and Gurgaon and I was working at both these locations.
  2. The case was filed in 2017 alongwith court fee of 27000. 
  3. The opposite party raised an application for dismissal objecting to territorial jurisdiction being only at Gurgaon.
  4. In 2021, the 'then' Judge (an ADJ) passed an order saying that the issue of territorial jurisidction is kept open to be decided in trial at the time of evidence. She also stated verbally that there were issues involving a mix question of law and facts and therefore need trial.
  5. Further proceedings happened including Written Statement, Replication etc and finally I submitted my Evidence early this year.
  6. But just before the witness-summoning etc could happen, the 'new' Judge (a DJ) insisted on deciding the territorial jurisdiction and went ahead and disposed off the case on erroneous grounds - this after 10 long years (2017 to 2026).
  7. I need to now proceed to Delhi High Court by way of either a CRP (Civil Revision Petition) or a FAO (First Appeal against Order). But I understand that FAO will invite payment of entire court fee of 27000 once again. Is this correct?

P. Venu (Advocate)     04 June 2026

What is the Case No? Which Court? 

 

Dr. J C Vashista (Advocate )     05 June 2026

It is your misconception qua territorial jurisdiction for suit for recovery, which is governed by Section 19 & 20 of the CPC, where you have the option to file it in Gurgaon or Delhi, where ever cause of action or part of cause of action arose or defendant resides or works.

Whatsoever, objection of territorial jurisdiction has to be raised and settled at the possible earliest opportunity (section 21 CPC) but cannot be kept pending. If so, it has to be waived under section 21A of the CPC. 

SHARAD MOHAN KRISHNA   05 June 2026

He had raised the objection at the earliest opportunity but the settlement eventually happened only now in January 2026. So whose fault was it? But at the end it is me who is getting affected having to bear the loss of 10 years since if I now go to Gurgaon, the entire proceedings start afresh.

Dr. J C Vashista (Advocate )     06 June 2026

Originally posted by : SHARAD MOHAN KRISHNA
He had raised the objection at the earliest opportunity but the settlement eventually happened only now in January 2026. So whose fault was it? But at the end it is me who is getting affected having to bear the loss of 10 years since if I now go to Gurgaon, the entire proceedings start afresh.

In such circumstances what do you expect from experts on this platform ?

SHARAD MOHAN KRISHNA   07 June 2026

I am sharing the case number. If you may please share your contact details so that I can interact on further move forward.

The case no. is CS/1287/2017 at Tishazari West.

Dr. J C Vashista (Advocate )     08 June 2026

This suit number is for DJ ADJ or CJ in West district ?

What is title and you are plaintiff or defendant ?

SHARAD MOHAN KRISHNA   08 June 2026

I am the plaintiff. The suit details can be assessed by using my name Sharad Mohan Krishna under party name in case status in Tishazari West. Thanks.

Dr. J C Vashista (Advocate )     12 June 2026

Moblie No 9891152939 email: majjagdish@gmail.com Chamber No 647, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi. 

SHARAD MOHAN KRISHNA   12 June 2026

MR VENU MR SATYANARAYANA.... YOURE NOT RESPONDING ? CAN YOU SHARE YOUR MOBILE NUMBERS? THANK YOU.

T. Kalaiselvan, Advocate (Advocate)     13 June 2026

In my opinion, you may not get any relief even if you file a civil revision petition before high court or an appeal before the appellate court since the jurisdiction matter was already raised way back 6 years ago be a former preesiding officer.  Therefore if you are told to approach jurisdictional court for conduct of the case, you can approach the same and continue from the place where the case has been stopped by this court.

SHARAD MOHAN KRISHNA   14 June 2026

Mr Kalaiselvan... I have not understood your point correctly. 6 years ago means youre referring to the 2021 order?  That order was passed by this very court (former presiding officer) saying the matter would be taken up in trial at the time of evidence meaning that the former presiding officer wanted trial to be conducted (including witnessing etc) since there were points of question of law and question of facts also. But now, the new presiding officer, came and reversed that order of her predesessor by saying that she would decide before the trial. And she did this just when we were to summon the witnesses since I, as Plaintiff, had already submitted my Evidence affidavit and List of witnesses. And since this new presiding officer is a DJ level judge, I have to now go to the Delhi High Court with an appeal.


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