IQBAL HUSAIN Vs. R A FINANCE REG

JUDGEMENT

(1.) This revision is directed against the order dated 11-2-1993 passed by Incharge District Judge, Budaun by which the said court transferred the proceedings of Original Suit No. 38 of 1993 from the court of the Civil Judge, Budaun to the court of Additional Civil Judge, Budaun.

(2.) Brief facts are that the plaintiff-revisionists instituted Original Suit No. 38 of 1993 for the relief of injunction directing the -defendant-opposite parties to deliver the possession of the Truck in question to the plaintiff and for fixing easy installments so that the plaintiffs may be able to pay the loan amount to the defendant-opposite parties. The said suit was pending in the court of Civil Judge, Budaun. It appears that an application was filed subsequently before the District Judge, Budaun for transfer of the suit to some other court as the defendants had no hope of getting justice from the said court'. The Incharge District Judge rejected the said transfer application but observed that without going into controversy it would be expedient in the interest of justice to transfer the case to some other competent court. This order was passed by him in his administrative capacity. The suit was recalled from the court of Civil Judge and transferred to the court of Additional Civil Judge in administrative capacity by order dated 11-2-1993. Aggrieved against the said order of transfer the plaintiff-revisionists have preferred the above noted revision in this Court. I have heard Shri M. D. Singh, learned Counsel for the plaintiff-revisionists and Stiri Radhey Shyam, learned Counsel appearing for the contesting opposite party at the admission stage.

(3.) The main contention of learned Counsel for the revisionists is that the District Judge has acted without jurisdiction in transferring Suit No. 38 of 1993 to the Court of Additional Civil Judge, Budaun without any notice to the revisionists. Learned Counsel has contended that if on an application by a party the proceedings are transferred then a notice to the other side is mandatory under the provisions of Section 24 Code of Civil Procedure. In the present case, as no notice was given to the plaintiff-revisionists before transferring the proceedings, the order is without jurisdiction. In support of his submission, learned Counsel has referred to several decision which shall be noticed subsequently.