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Rup Keshwar Lal Vs. Jaijai Bibi and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in29Ind.Cas.935
AppellantRup Keshwar Lal
RespondentJaijai Bibi and ors.
Excerpt:
jurisdiction - district judge, power of, to transfer particular case to additional judge--bengal, n.w.p. and assam civil courts (xii of 1887), section 8, sub-section (2)--letters of administration. - 1. the question proposed for our determination is, whether in view of the provisions of sub-section (2) of section 8 of the bengal civil courts act (xii of 1887), it is competent to a district judge to transfer a particular case to an additional judge, we answer the reference in the affirmative, the reasons which induce us to adopt that conclusion are slafficiently set forth in the order of reference and we need not repeat them.2. the case will go back to the divisional bench for final disposal. the divisional bench will deal with the costs of this reference.
Judgment:

1. The question proposed for our determination is, whether in view of the provisions of Sub-section (2) of Section 8 of the Bengal Civil Courts Act (XII of 1887), it is competent to a District Judge to transfer a particular case to an Additional Judge, We answer the reference in the affirmative, the reasons which induce us to adopt that conclusion are slafficiently set forth in the order of reference and we need not repeat them.

2. The case will go back to the Divisional Bench for final disposal. The Divisional Bench will deal with the costs of this reference.


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