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Bandhu Naik Vs. Lakhi Kuar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All342
AppellantBandhu Naik
RespondentLakhi Kuar and anr.
Excerpt:
transfer of suit - civil procedure code, section 25--court to which suit is transferred deciding suit on evidence taken by court from which suit is transferred. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the.....w. comer petheram, c.j.1. we think that the appeal must be allowed, and the suit tried again. the question is, whether it has been tried. the trial was commenced by the subordinate judge, and the suit was then transferred by the district judge to his own file under section 25 of the civil procedure code. by that section the district judge had power to transfer and try it. but inasmuch as the evidence was not taken before the district judge, we do not think that he has tried the case. the decree must be set aside, and the case remanded to the court which has cognizance of suits of the nature of the present one for trial on the merits.
Judgment:

W. Comer Petheram, C.J.

1. We think that the appeal must be allowed, and the suit tried again. The question is, whether it has been tried. The trial was commenced by the Subordinate Judge, and the suit was then transferred by the District Judge to his own file under Section 25 of the Civil Procedure Code. By that section the District Judge had power to transfer and try it. But inasmuch as the evidence was not taken before the District Judge, we do not think that he has tried the case. The decree must be set aside, and the case remanded to the Court which has cognizance of suits of the nature of the present one for trial on the merits.


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