SECTION 24A: APPEARANCE OF PARTIES ON TRANSFER OF SUIT, ETC.

— Dismissal of suit for non-production of evidence — Appearance of parties on transfer of suit — Scope — The petitioners initiated legal action seeking declaration with permanent and mandatory injunction against the respondents — However, the petitioners failed to present their evidence as required by the trial Court — Consequently, the trial Court, citing Order XVII, Rule 3 of the Code of Civil Procedure dismissed the suit due to lack of evidence — Validity — High Court observed that the case was transferred from one Court to another under an administrative order without issuing notice to the parties or their counsel — The absence of such notice violated procedural norms, as the transfer was not under the specific provisions outlined in section 24-A(2) of the Code of Civil Procedure, where parties are directed to appear before the transferee Court — The impugned order was harsh, especially considering that the petitioners were not informed about the transfer, preventing them from presenting their evidence — Moreover, they were not warned about the consequences of their failure to produce evidence — This failure to inform the petitioners contravened the principle that cases should be decided on their merits, with technicalities not impeding the administration of justice — High Court remanded the case to the trial Court. [2024 CLS 5 = 2024 CLC 49 = 2022 LHC 6996]