MIAN MOHINDER SINGH Vs. MELA RAM

JUDGEMENT

(1.) This is an application under Section 24 of the Civil Procedure Code read with Sections 25 and 40 of the Displaced Persons (Debt Adjustment) Act No. 70 of 1951 and Article 227 of the Constitution of India for the transfer of an application under Section 3/37 of Act No. 70 of 1951 pending in the Court of Senior Subordinate Judge, Hoshiarpur.

(2.) After hearing the learned counsel for the parties, I direct that this application should be transferred from the Court of Senior Subordinate Judge do that of a Subordinate Judge 1st Class in that district. The District Judge will nominate the Subordinate Judge 1st Class, who will deal with the application. The Court, to which this application is entrusted, will dispose of the same expeditiously and without any further delay.

(3.) I am not impressed with the contention of the learned counsel for the petitioner that the District Judge could not transfer the application from one Subordinate Judge 1st Class to another. All the provisions of the Code of civil Procedure have been made applicable to the provisions of this Act by Section 25 of the Act. Section 4 of the Act permits the Provincial Government to nominate civil Courts as Tribunals to deal with applications under the Act. It is common ground that all Subordinate Judges of 1st Class are conferred with the power to deal with the cases under the Act by the State Government. In this situation, the argument that the District Judge could not transfer the case from one subordinate Judge 1st Class to another under the Act is pointless.