LAWS(MPH)-2014-1-174

MULAYAMCHAND JAIN Vs. RAMESHCHAND

Decided On January 07, 2014
Mulayamchand Jain Appellant
V/S
RAMESHCHAND Respondents

JUDGEMENT

(1.) THIS review petition filed under Order 47 Rule 1 of the Code of Civil Procedure seeks review of the final order passed on 31.07.2013 in Civil Revision No.104/2013, whereby the civil revision preferred against rejection of an application under Section 24 of CPC for transfer of civil suit, was dismissed for being not maintainable in view of proviso of Section 115 of CPC.

(2.) RELIANCE is placed by the learned counsel for petitioner on the final order dated 24.11.2011 passed in Civil Revision No.73/2010, whereby the appeal preferred against rejection of an application under Order 9 Rule 13 of CPC by the trial Court, was rejected by the appellate Court.

(3.) NO assistance can be sought by the learned counsel for petitioner from the final order dated 24.11.2011 passed in Civil Revision No.73/2010 which pertains to rejection of the application under Order 9 Rule 13 of CPC; whereas the present case pertains to rejection of an application of transfer under Section 24 of CPC.