GANESH RAM YADAV Vs. POOJA YADAV

JUDGEMENT

(1.) The instant application under Section 24 of the Civil Procedure Code has been preferred for transfer of Civil Suit No. 628-A/2005 pending in the Court of Second Civil Judge Class-I, Bilaspur to the Family Court, Bilaspur.

(2.) Learned counsel for the petitioner has argued that since after constitution of the Family Court for revenue district of Bilaspur by State Governments notification dated 24-2-2005, the present suit pending in the Court of Second Civil Judge Class-I, Bilaspur deserves to be transferred to Family Court, Bilaspur, because the Court of Second Civil Judge Class-I, Bilaspur has no jurisdiction to try the suit.

(3.) In the suit preferred by the petitioner a relief has been claimed that the defendant No. 1, Ku. Pooja Yadav is not his daughter. The defendants have also moved an application under Order 7, Rule 11 of CPC for dismissing the suit as the same is not maintainable in the Court of Second Civil Judge Class-I.