DISTRICT JUDGE PURI Vs. STATE

JUDGEMENT

(1.) TITLE Appeal No. 3/70 of 1968/66 has been pending in the court of the Subordinate Judge, Nayagarh. The property in dispute is located in village Janisahi of Jorum Praganna. At the time when the title suit out of which the appeal arose was instituted, the said village including the disputed property was located within the local jurisdiction of the learned Munsif as also the learned Subordinate Judge of Nayagarh. But during the pendency of the appeal on account of reconstitution of the revenue areas the village Janisahi along with the disputed properties came into the district of Cuttack. After such reconstitution the learned Subordinate Judge made a reference to the learned District Judge of Puri asking for transfer of the appeal from his court to the court of the District Judge, Cuttack, on the aforesaid ground.

(2.) THE learned District Judge in his turn made a reference to this Court. THE reference of the learned District Judge was directed to be registered as Miscellaneous Judicial case as it involved a decision on the question of transfer of an appeal and that case was directed to be heard by a Full Bench as a matter of substantial importance was involved.