SHRIRAM PISTONS AND RINGS LIMITED Vs. MANJU AWASTHY

JUDGEMENT

(1.) The petitioner is aggrieved by the order passed under Section 24 of the Code of Civil Procedure by the District & Sessions Judge, trans- ferring a suit for ejectment against the petitioner from the Court of the Civil Judge to the Court of the Additional District Judge, where another suit for recovery of mesne profits, filed by the respondent against the petitioner, was pending. The above two suits had been filed by the respondent-landlady against the petitioner-tenant.

(2.) . Vide orders dated 19.12.1996, the District & Sessions Judge allowed an application moved by the respondent for transfer of suit for ejectment, viz. Suit No. 369/95, filed by the respondent against the petitioner, before the Civil Judge to the Court of Shri S.S. Bal, Additional District Judge, where Suit No. 91/95 for recovery of mesne profits was pending. The District & Sessions Judge by order dated 20.1.1997 also dismissed the application moved for review of the order dated 19.12.1997.

(3.) . The learned District Judge rejected the submission of the petitioner of loss of right of appeal occasioned by the transfer and the prejudice that would ensue, relying on the decision of this Court in Smt. Shanta Sabharwal v. Smt. Sushila Sabharwal (AIR 1979 Delhi 153). Again, while dismissing the application for review the learned District & Sessions Judge held that in a pending case it is not certain as to which perty would go in appeal. Accordingly, the loss of the right of appeal may be of either of the parties and prejudice, if any, can be caused to both the parties. He also held that the impugned order of transfer was in harmony with the decision in Smt. Shanta Sabharwal (supra). He observed that even the obiter in Smt. Shanta Sabharwal (supra) would be binding on the District Courts.