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Punna Chandra Mukerji and anr. Vs. Dhone Kristo Biswas and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All351(2); 24Ind.Cas.318
AppellantPunna Chandra Mukerji and anr.
RespondentDhone Kristo Biswas and anr.
Excerpt:
civil procedure code (act v of 1908), sections 22, 23 - transfer by high court from one to another subordinate court--both subordinate courts must have jurisdiction. - .....asking this court to determine whether the suit should proceed in the court of the subordinate judge of benares, in which it is pending, or in the court of the subordinate judge of bhagalpur which is subordinate to the high court at calcutta.2. in the seventh paragraph of the application it is stated that the petitioners had taken an objection in the court below to the effect that the court has no jurisdiction to try the suit. this being so, the application cannot be maintained. it is only when a suit may be brought in one or other of two courts, both of which have jurisdiction, that an application may be made in order that this court may determine in which of such courts the suit should proceed. as the jurisdiction of the benares court is denied the application cannot be sustained......
Judgment:

P.C. Banerji, J.

1. This is an application under Section 22 and 23 of the Code of Civil Procedure, asking this Court to determine whether the suit should proceed in the Court of the Subordinate Judge of Benares, in which it is pending, or in the Court of the Subordinate Judge of Bhagalpur which is subordinate to the High Court at Calcutta.

2. In the seventh paragraph of the application it is stated that the petitioners had taken an objection in the Court below to the effect that the Court has no jurisdiction to try the suit. This being so, the application cannot be maintained. It is only when a suit may be brought in one or other of two Courts, both of which have jurisdiction, that an application may be made in order that this Court may determine in which of such Courts the suit should proceed. As the jurisdiction of the Benares Court is denied the application cannot be sustained. I accordingly reject it with costs, which will include Rs. 32 as Vakil's fee.


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