LAWS(ALL)-1997-12-7

JAGDISH KUMAR Vs. DISTRICT JUDGE BUDAUN

Decided On December 17, 1997
JAGDISH KUMAR Appellant
V/S
DISTRICT JUDGE BUDAUN Respondents

JUDGEMENT

(1.) D. K. Seth, J. This is an application under Section 24 of Code of Civil Proce dure (hereinafter called as the Code) for transfer of three suits pending before three different courts to one court. In effect, this appears to be an application for consolida tion of three cases or in other words simul taneous hearing of all the cases.

(2.) IN order to appreciate the situa tion, it is necessary to refer to certain facts as hereinafter.

(3.) LEARNED Counsel for the opposite party, on the other hand, contends that apart from the merit of the case, the ap plication for transfer having been dis missed by a reasoned order by the learned District Judge, the applicant should have challenged the said order of rejection of the earlier application under Section 24 of the Code by the learned District Judge, the present application under Section 24 of the Code is an abuse of process of law and is not maintainable. He also contends that the SCC suit cannot be transferred to any court which do not have the power of Small Causes Court.