KRISHNAPPA Vs. KALLAPPA & ORS.

JUDGEMENT

(1.) Both the applications (petitions) are filed under S. 24 of CPC, 1908, herein after referred to as 'the Code'. The Registry of this Court has raised a common preliminary objection regarding their maintainability. That preliminary objection is to the following effect. Applicant is (petitioner/s) in each of the applications has have, by an application made under S. 24 (1) of the Code before the concerned District Court, moved for withdrawal of his their suit from a Court subordinate to it and transfer to another. But each of those applications has, by an order made thereon, been dismissed. The party aggrieved by such an order of a District Court could have filed only a revision petition under S. 115 of the Code, before the High Court questioning the same and not a second application under S. 24 (1) of the Code seeking the very relief which was denied by the District Court.

(2.) The short question that arises for determination by reason of the said preliminary objection, is whether a party, whose application before a District Court under S. 24 (1) of the Code for withdrawal of a suit pending in a Court subordinate to it and its transfer to another, is rejected, could file under the same sub-section a second application before the High Court, seeking the very relief.

(3.) Sub-section (1) of S. 24, insofar at it bears on the question, may be extracted: