SHAKUNTALA DEVI Vs. AMIR HASAN

JUDGEMENT

(1.) This is a Civil Revision filed under Section 115 of the Civil P.C. directed against the order dt. 29-3-1982 passed by the 1st Additional District Judge, Ghaziabad rejecting the application moved by the revisionists under Section 24(5) of the C.P.C. for transfer of suit No. 171 of 1978 from the Court of Additional Munsif, Hapur to the Court of Judge Small Causes, Hapur.

(2.) The revisionists had made an application under Section 24(5) of C.P.C. for transfer on the ground that the suit which the revisionists had filed was in fact cognizable by the Small Causes Court but was wrongly filed on the regular side. The 1st Additional District Judge rejected the application with the observation that it will be open to the plaintiffs-revisionists to move the Court concerned to withdraw the suit with the permission to file the same in the Court of competent jurisdiction.

(3.) Learned counsel for the revisionists has argued that the application under Section 24 of the C.P.C. can only be decided by the District Judge and it could not have been decided by the 1st Additional District Judge and as such the impugned order is wholly without jurisdiction.