APPU Vs. MUTHUVELU

JUDGEMENT

(1.) This is an application to transfer O.S. No. 30 of 1956 on the file of the Subordinate Judge, Palghat, to the file of this Court for the purpose of passing provisional orders of an urgent nature (during the vacation) and retransferring the same after such orders are made.

(2.) S.19 of the Kerala Civil Courts Act, I of 1957, reads:

(3.) The matter is further clear in sub-section (2) of S.19 wherein it is mentioned that the provisional orders made by the High Court are to remain in force only until the matter has been heard and decided by the subordinate court concerned, and that it may receive plaints and other proceedings meant for the subordinate courts. It is evident that the vacation Judge exercising jurisdiction under S.19 (2) of the Civil Courts Act, 1957, is really exercising the powers of the subordinate civil courts to the extent indicated in the Section. It is also pertinent to note that the Kerala Civil Courts Act, 1957, deals only with the powers of civil courts subordinate to the High Court, and it is there that the above said provision occurs. The transfer of the suit as prayed for in this petition is quite unnecessary; and the petition is therefore dismissed.