A.BHUVANESHWARI Vs. RAMAPRABNNACHARY

JUDGEMENT

(1.) PETITIONER had filed the un-unmbered Transfer O.P.on the file of Principal District Judge, Chengalpattu, seeking for a direction to transfer O.S.No.1794 of 2008 filed by her and the subsequent suit O.S.No.370 of 2009 filed by the first respondent for the same subject matter relating to the same property, pending on the file of District Munsif Court, Sriperumbudur, to any other District Munsif Court so as to dispose of the suits jointly. The said un-unmbered Transfer O.P. was dealt with by the Principal District Judge, Chengalpattu, at S.R. stage on the point of maintainability and rejected by an order dated 25.07.2012. The reason given by the Court below for rejecting the petition was that the said Court did not have jurisdiction to entertain the petition. The said order is under challenge in this revision.

(2.) LEARNED counsel for the petitioner would contend that the District Munsif Court at Sriperumbudur comes under the administrative control of the Principal District Judge, Chengalpattu, and, hence, the said Court alone had jurisdiction to entertain the petition. He would also rely upon Section 24 (3) (a) of the Code of Civil Procedure to say that the Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court.

(3.) TO examine the above contentions of the learned counsel and also the correctness or otherwise of the order impugned, it is apt to refer to Section 24 (3) (a) of C.P.C. and Sections 3-A and 10 of Tamil Nadu Civil Courts Act,1873, which read as under : Section 24 (3) (a) of C.P.C.: