KRISHNANKUTTY NAIR Vs. RAJAMMA

JUDGEMENT

(1.) This petition under S.24 of the Code of Civil Procedure is for transfer of O.S.No.19 of 1110 M.E. from the District Court, Trichur to the Munsiff s Court, Chittur, Palghat, in the interests of justice.

(2.) Petitioner was the 12th defendant in O.S.No.19 of 1110 M.E. on the file of the District Court, Trichur. The said suit was for partition of the properties situate in Chittur Taluk which is now part of Palghat District. A preliminary decree for partition was passed on 22-7-1940 and it has become final. According to the petitioner, on the formation of the Kerala State on 1-11-1956, the case ought to have been transferred to the Court of the Munsiff of Chittur, Palghat, because the properties fell within the pecuniary and territorial jurisdiction of the said Court.

(3.) Petitioner filed LA. No.1970 of 1991 before the Munsiff s Court, Chittur for passing a final decree in terms of the preliminary decree. As the case records have not been transmitted to the Munsiff s Court, Chittur from the District Court, Trichur, the learned Munsiffs directed the petitioner to move the District Court, Trichur to transmit the records. Petitioner then preferred I.A.No.1528 of 1991 in O.S.No.19 of 1110 M.E. before the District Court, Trichur. The District Court dismissed the application on 8-8-1991 observing that the District Court has no power to transfer a case from one district to another under S.24 and that the remedy of the petitioner is to move this Court under S.24. Accordingly the present petition is filed for transfer of O.S.No.19 of 1110 M.E. on the file of the District Court, Trichur to the file of the Munsiff s Court, Chittur.