LAWS(ALL)-2014-1-216

JAI PAL SINGH Vs. DISTRICT JUDGE MAINPURI

Decided On January 20, 2014
JAI PAL SINGH Appellant
V/S
DISTRICT JUDGE Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners. Petitioners have come up in this writ petition against the order dated 26.10.2013 passed by the District Judge rejecting their transfer application to transfer civil appeal from one Court to another. It appears that suit of the respondents No. 2 to 11 for a decree of permanent injunction was not entertained and it was held that it was barred by section 331 of the U.P. Zamindari Abolition and Land Reforms Act, and, as such, the plaint was directed to be returned for presentation before the proper Court. The respondents, aggrieved by the said order, filed appeal which is pending consideration.

(2.) THE submission of learned Counsel for the petitioner is that on the objection filed by the petitioners in the aforesaid appeal the Appellate Court heard the matter but since the said presiding officer has been transferred to some other Court it is proper that the appeal may also be transferred to the same Court. The petitioners have no vested right to get their lis heard by any particular officer. On the transfer of a particular officer the successor would proceed and decide it.