PATHUKUTTY Vs. OFFICIAL RECEIVER

JUDGEMENT

(1.) Does one need court permission to file a transfer O.P. under S.24 of C.P.C. against a Receiver That is the basic question that falls for consideration in this revision.

(2.) The petitioner who is the defendant in O.S. 427 of 1996 of the Principal Munsiff's Court, Ernakulam and the petitioner in T.O.P. No. 199 of 1997 of the District Court, Ernakulam is aggrieved by the dismissal of her petition which sought transfer of the said suit to the Sub Court, Ernakulam.

(3.) The learned counsel for the petitioner submits that the dismissal was only on the ground that permission of the Court had not been obtained to file a petition against the respondent in so far as he is the Official Receiver. The learned counsel further submits that there is no suit sought to be filed against the Official Receiver and as such the question of permission does not arise.