Skip to content


(Firm) Har Prasad Kailash Chand Vs. L. Kedarnath and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1935All350; 147Ind.Cas.334
Appellant(Firm) Har Prasad Kailash Chand
RespondentL. Kedarnath and ors.
Excerpt:
- - supposing that this contention is right, we need not interfere unless we are satisfied that, the transfer of this suit will prejudice the plaintiff. 3. the learned district judge thought this defence could only be very well established in one court which must bar both the suit's and it would be disastrous, if two courts tried the same question and came to contrary decisions. these decisions clearly recognised the fact that the transfer orders were valid. 4. in our opinion sub-section (4), section 24 is a clear authority for the district judge to make an order of transfer like the one in question.order1. this is an application to revise an order of the learned district judge of agra by which he directed that the suit instituted by the applicant before us, being suit no. 4050 of 1932, should be transferred from the court of small causes at agra to the court of the additional munsif of that district. the first ground is that the learned district judge did not issue notice to the applicant and therefore he was without jurisdiction, in his order of transfer. supposing that this contention is right, we need not interfere unless we are satisfied that, the transfer of this suit will prejudice the plaintiff.2. this takes us to the merits of the application. it appears that the defendants to the applicant's suit are also defendants in another suit instituted by a firm styled firm moti lal.....
Judgment:
ORDER

1. This is an application to revise an order of the learned District Judge of Agra by which he directed that the suit instituted by the applicant before us, being suit No. 4050 of 1932, should be transferred from the Court of Small Causes at Agra to the Court of the Additional Munsif of that District. The first ground is that the learned District Judge did not issue notice to the applicant and therefore he was without jurisdiction, in his order of transfer. Supposing that this contention is right, we need not interfere unless we are satisfied that, the transfer of this suit will prejudice the plaintiff.

2. This takes us to the merits of the application. It appears that the defendants to the applicant's suit are also defendants in another suit instituted by a firm styled Firm Moti Lal Raghubar Dayal, in the Court of the Additional Munsif, Agra. The defendants in both the suits pleaded that the hundis and other transactions on which the two suits had been brought formed parts of the same transaction.

3. The learned District Judge thought this defence could only be very well established in one Court which must bar both the suit's and it would be disastrous, if two Courts tried the same question and came to contrary decisions. We think that in the circumstances, the District Judge was right in exercising his power to transfer the plaintiff's suit to the Court of the Additional Munsif at Agra. The learned Counsel has also argued that the District Judge was not authorised under the law to transfer a Small Cause Court suit from the Court of Small Causes to another Court, not exercising Small Cause Court powers. He taket his stand on a decision of the Lucknow Judicial Commissioner's Court Baijoo v. Tulsha 1918 Oudh 160. With all respect, we are unable to accept the view taken, there, as correct. The learned Judges themselves recognised the fact that this Court had in many cases held that cases transferred from the Court of Small Causes to regular Courts continue to possess their Small Cause Court nature and the decisions were not open to appeal. These decisions clearly recognised the fact that the transfer orders were valid.

4. In our opinion Sub-section (4), Section 24 is a clear authority for the District Judge to make an order of transfer like the one in question. There will be no sense in enacting that a Court of ordinary jurisdiction, to which a Small Cause Court case has been transferred shall be regarded as a Court of Small Causes, for certain purposes, if it was not open to the District Judge to make such a transfer. We do not think that we should interfere with the order of the District Judge and we dismiss the application with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //