KANYAL DAS Vs. HAR PRASAD

JUDGEMENT

(1.) IN this and the connected applications, the applicants prayed that the first appeal pending in the Court of the District Judge concerned may be withdrawn and disposed of by this Court under Sec tion 24 (il) (b). Civil P.C. At the hearing of these applications, a learned Sin gle Judge felt that there was a conflict between two Division Bench decisions. He referred the applications to a Full Bench.

(2.) THE first appeals involved In these applications were instituted in the High Court and were pending disposal here. The U. P.Civil Laws Amendment Act. 1970 came into force on 8th April, 1970. Section 4 amended Section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887. It provided:

(3.) Section 24 (1). Civil Procedure Je confers power of transfer and with-iwal on the High Court as well as ; District Court. Under sub-clause (a) High Court or the District Court n transfer any suit, appeal or other oceeding pending before it to any ourt subordinate to it for trial or dis-jsal; whereas, under clause (b). the iigh Court or the District Court can withdraw any suit, appeal or other pro-:eeding pending disposal in any Court subordinate to it and try or dispose of the same itself, or transfer the same to any subordinate Court for trial or dis posal.