Code of Civil Procedure, 1908:

Transfer petition - Plea for transfer of motor accident  claim case pending before MACT Court, UP to competent court at Pune on the ground that the U.P. Court has no jurisdiction in the matter- Held: An order of transfer of a case can be passed where both the courts, namely, the transferor court as well as the transferee court, have jurisdiction to hear the case and the party seeking transfer of the case alleges that the transferee court would be more ·convenient because the witnesses are available there or for some other reason it will be convenient for the parties to have the case heard by the transferee court - In a case where a party alleges that the court where the case is pending has no jurisdiction, he should  apply to that court for dismissing it on this ground - There is no question of transfer of such a case - Therefore, the petitioners may apply to the MACT Court, U.P. for dismissal of the case pending before it on the ground that there is no jurisdiction in the court to hear the case, and if they do so, the court concerned to decide the application as a preliminary ground before proceeding to hear the case on merits .