RAJESH KUMAR Vs. MOHAN CUT PIECE STORES

JUDGEMENT

(1.) THIS revision is directed against the order dated 12-2-1986 passed by District Judge, Lucknow transferring the suit from the Court of Civil Judge Malihabad, Lucknow, to the court of Civil Judge, Mohanlalganj, Lucknow, which is court of competent jurisdiction to entertain and decide this suit.

(2.) LEARNED counsel for the revisionist urged that Section 24 sub-clause (5) of the Code of Civil Procedure (for short the Code) makes the provisions contained in Order 7 Rule 10 and 10-A of the Code nugatory and, thus, according to him, the power for transferring the case from a court having no jurisdiction to try it cannot be exercised by the District Judge under section 24 sub-clause (5) of the Act. If the suit was found to be non-maintainable in the court of Civil Judge, Malihabad, Lucknow, then the same could be returned to the plaintiff for presentation in the court of Civil Judge, Mohanlalganj, Lucknow under Order 7 Rule 10 and 10-A of the Code. According to the learned counsel such order should have been passed by Civil Judge, Malihabad in exercise of powers under said provisions of the Code and since it has not been done, and, as such, the impugned order passed by the District Judge, Lucknow, transferring the case to the court of Civil Judge, Mohanlalganj from the court of Civil Judge, Malihabad cannot be sustained and deserves to be quashed. I am unable to agree with this contention.