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Bhagwandas and anr. Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. No. 221 of 1957
Judge
Reported inAIR1961Raj287
ActsStates Reorganisation Act, 1956 - Sections 125; Code of Civil Procedure (CPC) - Sections 21
AppellantBhagwandas and anr.
RespondentState of Rajasthan
Appellant Advocate D.P. Gupta, Adv.
Respondent Advocate R.A. Gupta, Dy. Govt. Adv.
DispositionApplication allowed
Excerpt:
- .....1-11-1956 when sironj was transferred from rajasthan to madhya pradesh. on 22-5-1956 the district judge transferred the appeal for disposal to the civil judge bundi who dismissed iton 16-1-1957.2. one of the grounds taken in the revision application is that the court of civil judge, bundi, had no jurisdiction to decide the appeal as under section 125 of the states reorganization act, 1956 it stood transferred to the court of district judge bhilsa in madhya pradesh. the relevant portion of section 125 runs as follows :'every proceeding pending immediately before the appointed day before a court (other than a high court), tribunal, authority or officer in anyarea which on that day falls within a state shall, if it is a proceeding relating exclusively to any part of the territories which.....
Judgment:
ORDER

Jagat Narayan, J.

1. This is a revision application by the plaintiff in a suit for recovery of money. The suitwas dismissed by the Munsif, Sironj on 23-12-1955. An appeal was preferred in the court of District Judge, Kota on 23-1-1956. It was pending in thatcourt on 1-11-1956 when Sironj was transferred from Rajasthan to Madhya Pradesh. On 22-5-1956 the District Judge transferred the appeal for disposal to the Civil Judge Bundi who dismissed iton 16-1-1957.

2. One of the grounds taken in the revision application is that the court of Civil Judge, Bundi, had no jurisdiction to decide the appeal as under Section 125 of the States Reorganization Act, 1956 it stood transferred to the court of District Judge Bhilsa in Madhya Pradesh. The relevant portion of Section 125 runs as follows :

'Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in anyarea which on that day falls within a State shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of another State, stand transferred to the corresponding court, tribunal, authority or officer in the other State.'

3. The defendant being the State of Rajasthan the suit could only he filed in a court having jurisdiction over the place where the cause of action arose. The cause of action in the present suit wholly arose in Sironj, Section 125 of the States Reorganization Act is applicable to the present case. The civil appeal pending in the court of Civil Judge, Bundi on 1-11-1956 stood transferred to the court of District Judge, Bhilsa, on that date.

4. As the appeal was not pending in the court of Civil Judge, Bundi, when it was heard and disposed of by him Section 21 of the Code of Civil Procedure is not applicable. This section can only apply to cases which are pending in the court which decides them.

5. I accordingly allow the revision application, set aside the judgment and decree passed by the Civil Judge, Bundi, and direct that the record or the case be sent to the District Judge, Bhilsa in Madhya Pradesh where it is deemed to be pending through the High Court of Madhya Pradesh.


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