KARAM CHAND Vs. JASBIR SINGH

JUDGEMENT

(1.) Vide impugned order dated April 23, 2011, learned District Judge, Hoshiarpur has, while dismissing the application under Section 24 of CPC for transfer of the objection petition from one Subordinate Court to another Subordinate Court has itself dismissed the objections while dismissing the application under Section 24 of CPC.

(2.) Learned counsel for the petitioner has submitted that the learned District Judge could have only dismissed the application for transfer in the exercise of powers under Section 24 CPC but could not have dismissed the objections on merits by taking into consideration the other circumstances.

(3.) Learned counsel for the decree-holder/ respondent has argued that a District Judge or High Court exercising powers under Section 24 of CPC can transfer and withdraw any proceedings from a Subordinate Court but at the same time, the District Judge or High Court has got a jurisdiction to try or dispose of the proceedings itself pending before any Subordinate Court. It has been argued that the impugned order dismissing the objection petition of the petitioner, vide order dated April 23, 2011, should be deemed to be an order passed under Section 24 (1) (b) (i) CPC. Section 24 CPC reads as follows:-