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Bechan Misir Vs. Markande Misir and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1936All335
AppellantBechan Misir
RespondentMarkande Misir and ors.
Excerpt:
- order1. this is an application in revision by bechan misir, defendant, against the order of the learned district judge, benares, transferring the suit filed against him by the opposite parties from the court of the munsif of shahgunj, to the court of the additional subordinate judge, jaunpur. the valuation of the suit was rs. 2,500. at the time the suit was filed, the munsif of shahganj had jurisdiction to try suits up to the valuation of rs. 5,000. he was subsequently transferred and was succeeded by a munsif whose jurisdiction was only up to rs. 2,000. then an application was made by the plaintiff to the learned district judge, benares, for the transfer of his suit from the court of the munsif of shahganj. a notice was issued to the opposite parties and the learned district judge.....
Judgment:
ORDER

1. This is an application in revision by Bechan Misir, defendant, against the order of the learned District Judge, Benares, transferring the suit filed against him by the opposite parties from the Court of the Munsif of Shahgunj, to the Court of the Additional Subordinate Judge, Jaunpur. The valuation of the suit was Rs. 2,500. At the time the suit was filed, the Munsif of Shahganj had jurisdiction to try suits up to the valuation of Rs. 5,000. He was subsequently transferred and was succeeded by a Munsif whose jurisdiction was only up to Rs. 2,000. Then an application was made by the plaintiff to the learned District Judge, Benares, for the transfer of his suit from the Court of the Munsif of Shahganj. A notice was issued to the opposite parties and the learned District Judge transferred the suit from the Court of the Munsif of Shahganj to that of the Additional Subordinate Judge, Jaunpur. It has been urged by the learned Counsel for the applicant that the learned District Judge had no power to transfer the suit under Section 24, Civil P.C.

2. He relies on Lodgard v. Bull (1887) 9 All 191, but it does not apply to the present case because there the suit was never instituted in the Court of proper jurisdiction. Here the suit was instituted properly in the Court (which had jurisdiction to entertain the suit. At the time the suit was transferred lit was pending in the Court of the Munsiff of Shahganj and the learned District Judge had authority under Section 24, Civil P.C., to transfer the suit. All that Section 24, Civil P.C., requires is that the suit should be pending in a subordinate Court which (had jurisdiction at the time the suit was filed. There is no force in the application. It is therefore ordered that the application be dismissed with costs.


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