MANCHUKONDA VENKATA JAGANNADHAM Vs. CHETTIPALLI BULLAMMA

JUDGEMENT

(1.) This revision petition is filed questioning order dated 01.10.2010 passed by the Principal District Judge, Visakhapatnam in T.O.P. No. 1077 of 2010 withdrawing and transferring O.S. No. 268 of 2006 from the file of VII Additional District Judge (Fast Track Court) Visakhapatnam to the file of II Additional District Judge, Visakhapatnam where O.S. No. 151 of 2006 is pending. Impugned order was passed by the Principal District Judge in exercise of power under Section 24 of Code of Civil Procedure.

(2.) Main contention urged by the Petitioner's counsel is that general power of transfer and withdrawal under Section 24 of the Code of Civil Procedure, 1908 vested in the District Court can be exercised in respect of any suit, appeal or other proceeding pending in any Court subordinate to it and not in respect of a matter pending in the Court of an Additional District Judge which is not a subordinate Court to the District Court. On the other hand, the Respondents' counsel supported the impugned order passed by the Principal District Judge, Visakhapatnam on the basis of Section 24(3)(a) by contending that the Court of Additional District Judge is deemed to be subordinate to the District Court.

(3.) For appreciation of respective contentions of both the counsel, a reference to Section 24 Code of Civil Procedure has to be made invariably; and it reads thus;