RAVI PRAKASH PUJARI Vs. HEMRAJ

JUDGEMENT

(1.) THIS revision is directed against the order dated 15 -6 -89 passed by the District Judge, Raipur, in Misc. Judicial Case No. 16 of 1989, transferring the case to the Court of 5th Additional Judge to the Court of District Judge.

(2.) THE non -applicant (herein) made a reference under section 26 of the M.P. Public Trust Act, 1951 (hereinafter called the 'Trust Act') to the Court of the District Judge, Raipur, for removal of the petitioner from the office of the working trustee and appointing a new trustee in his place. A prayer for appointment of receiver to manage the trust properly was also made; in the alternative suitable direction was prayed for. The reference is being contested by the petitioner.

(3.) THE learned counsel for the non -applicant argued that Court of the additional Judge to the Court of the District Judge is included in the Court of the District Judge who has power to transfer business to the additional Judges. After transfer of the case, the Additional Judge exercises the same jurisdiction. He relied on the cases of Dharam Sheela Bai v. Ram Dayal Bhatnagar 1961 JLJ 466 = 1961 MPLJ 979, Gangagir Chela v. Rasal Singh AIR 1965 Pun. 472, and Laxmansingh v. Kesharbai 1965 JLJ 710 = AIR 1966 MP 166.